Missouri Statute | Act | Code |Incorporation And Regulation Of Certain Utilities And Carriers| US Code - US Statute

The provisions of this chapter shall apply to the transportation
of passengers or household goods from one point to another within this
state, and to any motor carrier, as defined in section 390.020, RSMo,
performing such service. The provisions of this chapter shall not apply
to railroad corporations or street railroad corporations, except to the
extent they engage in business as motor carriers of passengers or
household goods. (RSMo 1939 § 5602, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5146; 1919 § 10435

CROSS REFERENCE: Public service commission, powers and duties as to
common carriers, RSMo 386.320

The provisions of sections 390.020 and 622.100, RSMo, defining
words, phrases and terms shall apply to and determine the meaning of all
such words, phrases or terms as used in sections 387.010 to 387.340.
(1949 H.B. 2100 § 387.02, A.L. 1996 S.B. 780)

CROSS REFERENCE: Definitions applicable to this chapter, RSMo 622.100

Every corporation, person or motor carrier performing a service
designated in section 387.010 shall furnish, with respect thereto, such
service and facilities as shall be safe and adequate and in all respects
just and reasonable. All charges made or demanded by any such
corporation, person or motor carrier for the transportation of passengers
or household goods or for any service rendered or to be rendered in
connection therewith, as defined in section 386.020, RSMo, shall be just
and reasonable and not more than allowed by law or by order or decision
of the division of motor carrier and railroad safety and made as
authorized by this chapter. Every unjust or unreasonable charge made or
demanded for any such service or transportation of passengers or
household goods or in connection therewith or in excess of that allowed
by law or by order or decision of the division is prohibited. (RSMo 1939
§ 5603, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5147; 1919 § 10436

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

Railroad carriers may operate aerial or motor vehicle service, RSMo
388.260, 388.270

No motor carrier subject to the provisions of this chapter shall
engage or participate in the transportation of passengers or household
goods, between points within this state, until its schedules of rates,
fares and charges shall have been filed and published in accordance with
the provisions of this chapter. Any motor carrier, which shall undertake
to perform any service or furnish any product or commodity unless or
until the rates, tolls, fares, charges, classifications and rules and
regulations relating thereto, applicable to such service, product or
commodity, have been filed with the division of motor carrier and
railroad safety and published in accordance with the provisions of this
chapter, shall be subject to forfeiture to the state pursuant to the
provisions of sections 390.156 to 390.176, RSMo. (RSMo 1939 § 5611, A.
1949 H.B. 2100, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5155; 1919 § 10444

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

1. Every motor carrier shall file with the division of motor
carrier and railroad safety and shall print and keep open to public
inspection schedules showing the rates, fares and charges for the
transportation of passengers and household goods within this state
between each point upon its route and all other points thereon and
between each point upon its route and all points upon every route leased,
operated or controlled by it and between each point on its route or upon
any route leased, operated or controlled by it and all points upon the
route of any other motor carrier, whenever a through route and joint rate
shall have been established or ordered between any two such points. If no
joint rate over a through route has been established, the several
carriers in such through route shall file, print and keep open to public
inspection, as aforesaid, the separately established rates, fares and
charges applied to the through transportation.

2. The schedules printed as aforesaid shall plainly state the places
between which household goods and passengers will be carried, and shall
also contain the classification of passengers or household goods in
force, and shall also state separately all terminal charges, storage
charges, icing charges and all other charges which the division may
require to be stated, all privileges or facilities granted or allowed,
and any rules or regulations which may in any way change, affect or
determine any part or the aggregate of such aforesaid rates, fares and
charges, or the value of the service rendered to the passenger, shipper
or consignee.

3. Such schedules shall be plainly printed in large type, and a copy
thereof shall be kept by every such carrier readily accessible to and for
convenient inspection by the public in every station or office of such
carrier where passengers or household goods are respectively received for
transportation, when such station or office is in charge of an agent, and
in every station or office of such carrier where passenger tickets for
transportation or tickets covering bills of lading or receipts for
household goods are issued. All or any of such schedules kept as
aforesaid shall be immediately produced by such carrier for inspection
upon the demand of any person.

4. A notice printed in bold type and stating that such schedules are on
file with the agent and open to inspection by any person and that the
agent will assist any such person to determine from such schedules any
transportation rates or fares or rules or regulations which are in force
shall be kept posted by the carrier in two public and conspicuous places
in every such station or office.

5. The form of every such schedule shall be prescribed by the division.

6. The division shall have power, from time to time, in its discretion,
to determine and prescribe by order such changes in the form of such
schedules as may be found expedient, and to modify the requirements of
this section in respect to publishing, posting and filing of schedules
either in particular instances or by general order applicable to special
or peculiar circumstances or conditions. (RSMo 1939 § 5605, A.L. 1996
S.B. 780)

Prior revisions: 1929 § 5149; 1919 § 10438

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

1. It shall be the duty of every motor carrier doing an
intrastate business within this state, upon written request therefor, by
any person who is a bona fide prospective shipper or receiver of
household goods or who has a bona fide interest therein, made upon any
general or local freight or station agent of such carrier, by any person,
firm or corporation, to furnish and give a written statement of the rate
or charge applicable to a described shipment between stated points or
places in this state under the schedule or tariffs to which such carrier
is a party, within a reasonable time; and if such carrier shall refuse or
omit to give such statement within a reasonable time, or shall misstate
in writing the applicable rate, and if the person, firm or corporation
making such request suffers in consequence of such refusal or omission or
in consequence of the misstatement of the rate, either through making the
shipment over a route for which the proper rate is higher than the rate
over another available route, or through entering into any sale, purchase
or contract whereunder such person, firm or corporation obligates
himself, themselves or itself, or becomes obligated to make or receive
such shipment of household goods at his, their or its cost, then the said
carrier shall be liable pursuant to the provisions of sections 390.156 to
390.176, RSMo, and be recovered in a civil action by the division of
motor carrier and railroad safety, and shall also be liable to the
person, firm or corporation injured as aforesaid for the amount of such
injury, together with six percent interest thereon from the date of such
injury, and with a reasonable attorney's fee; provided, that no such
liability shall be discharged by such carrier unless the same be approved
by the division as being free from any attempt or purpose to evade any
other law of this state; and provided further, that, if during the course
of any action upon such liability to the person injured, it shall appear
to the satisfaction of the court or jury trying any such cause, that the
parties have combined or agreed to obtain or allow any undue advantage or
rebate or preference to such injured person, upon a finding to that
effect, such cause shall be dismissed and the dismissal and finding
reported by said court to the division. Such dismissal shall be taken and
deemed a final judgment, and appeal may be taken therefrom or from any
other judgment in any such cause the same as in other civil cases.

2. No carrier making any settlement or payment upon the approval of the
division or pursuant to a judgment or order of court under this section
shall be liable for any penalty or forfeiture or subject to any
prosecution under any other law of this state on account of the said
payment or settlement.

3. The division may require from any person, firm or corporation any
information deemed by the division necessary to the determination of the
question whether it shall give its approval to any such claim, and if the
same be refused by the injured person, may decline said claim, and it
shall not be sued upon thereafter; if such information be refused or
request therefor be evaded or the search for information by the division
be made difficult by the carrier, the division shall endorse such fact on
said claim and it shall thereafter support an action as if approved by
the division. (RSMo 1939 § 5606, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5150; 1919 § 10439

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

Unless the division of motor carrier and railroad safety
otherwise orders, no change shall be made in any rate, fare or charge, or
joint rate, fare or charge, which shall have been filed and published by
a motor carrier in compliance with the requirements of this chapter
except after thirty days' notice to the division and publication for
thirty days as required by this chapter, which shall plainly state the
changes proposed to be made in the schedule then in force, and the time
when the changed rate, fare or charge will go into effect and all
proposed changes shall be shown by printing, filing and publishing new
schedules or shall be plainly indicated upon the schedules in force at
the time and kept open to public inspection. The division, for good cause
shown, may allow changes in rates without requiring the thirty days'
notice and publication herein provided for, by duly filing and publishing
in such manner as it may direct an order specifying the change so made
and the time when it shall take effect; all such changes shall be
immediately indicated upon its schedules by the motor carrier. (RSMo 1939
§ 5607, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5151; 1919 § 10440

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

1. The names of the several carriers which are parties to any
joint tariff shall be specified therein, and each of the parties thereto,
other than the one filing the same, shall file with the division of motor
carrier and railroad safety such evidence of concurrence therein or
acceptance thereof as may be required or approved by the division; and
where such evidence of concurrence or acceptance is filed, it shall not
be necessary for the carriers filing the same also to file copies of the
tariffs in which they are named as parties.

2. Every motor carrier shall file with the division sworn copies of every
contract, agreement or arrangement with any other motor carrier or motor
carriers relating in any way to the transportation of passengers or
property. (RSMo 1939 § 5608, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5152; 1919 § 10441

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

1. No motor carrier shall charge, demand, collect or receive a
greater or less or different compensation for transportation of
passengers or household goods, or for any service in connection
therewith, than the rates, fares and charges applicable to such
transportation as specified in its schedules filed and in effect at the
time.

2. No motor carrier shall, directly or indirectly, by any special rate,
rebate, drawback or other device or method, charge, demand, collect or
receive from any person or corporation a greater or less or different
compensation for any service rendered or to be rendered in the
transportation of passengers or household goods, except as authorized in
this chapter, than it charges, demands, collects or receives from any
other person or corporation for doing a like and contemporaneous service
in the transportation of a like kind of traffic under the same or
substantially similar circumstances and conditions. (RSMo 1939 §§ 5609,
5611, A. 1949 H.B. 2100, A.L. 1996 S.B. 780)

Prior revisions: 1929 §§ 5153, 5155; 1919 §§ 10442, 10444

1. No motor carrier shall make or give any undue or unreasonable
preference or advantage to any person or corporation or to any locality
or to any particular description of traffic in any respect whatsoever, or
subject any particular person or corporation or locality or any
particular description of traffic, to any undue or unreasonable prejudice
or disadvantage in any respect whatsoever.

2. Notwithstanding any other provision of law to the contrary, no common
carrier of household goods shall use any schedule of rates or charges, or
both, for the transportation of household goods within this state which
divides this state into territorial rate areas. Any schedule of rates or
charges, or both, which divides, or attempts to divide, this state into
territorial rate areas is unjust, unreasonable, and invalid. (RSMo 1939 §
5610, A.L. 1985 H.B. 159, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5154; 1919 § 10443

No motor carrier of passengers or household goods shall directly
or indirectly issue or give any free ticket, free pass or free
transportation for any passenger or household goods between points in
this state, except that, in accordance with the requirements of this
chapter, and unless prohibited by order of the division, a motor carrier
may provide in its lawful tariff schedules for the transportation of
passengers or household goods free of charge, or at discounted or reduced
rates to, from or for the account of the following:

(1) Any charitable institution or organization which is duly organized
and registered with the office of the Missouri secretary of state as a
religious or charitable association pursuant to chapter 352, RSMo, or as
a general not-for-profit corporation pursuant to chapter 355, RSMo, or
any nonprofit, charitable institution or organization organized or
registered pursuant to the laws of any state or the United States;

(2) Any employee, officer or director of the motor carrier, or any
relative within the second degree of consanguinity or affinity of any
employee, officer or director of the motor carrier;

(3) Any location or person while transporting passengers or household
goods for the exclusive purpose of providing relief in case of any
general emergency or disaster. (RSMo 1939 § 5611, A. 1949 H.B. 2100, A.L.
1996 S.B. 780)

Prior revisions: 1929 § 5155; 1919 § 10444

CROSS REFERENCES: Dogs, guide, service or hearing assistance, when
entitled to accompany trainer without extra charge, RSMo 209.152
"Seeing-eye" dog, admitted to public conveyances, when, RSMo 209.150

No motor carrier or any officer or agent thereof or any person
acting for or employed by it, shall assist, suffer or permit any person
or corporation to obtain transportation for any passenger or household
goods between points within this state at less than the rates then
established and in force in accordance with the schedules filed and
published in accordance with the provisions of this chapter, by means of
false billing, false classification, false weight or weighing, or false
report of weight, or by any other device or means. No person,
corporation, or any officer, agent or employee of a corporation, who
shall deliver household goods for transportation within this state to a
motor carrier, shall seek to obtain or obtain such transportation for
such household goods at less than the rates then established and in force
therefor, as aforesaid, by false billing, false or incorrect
classification, false weight or weighing, false representation of the
contents of a package, or false report or statement of weight, or by any
other device or means, whether with or without the consent or connivance
of the motor carrier, or any of its officers, agents or employees. (RSMo
1939 § 5612, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5156; 1919 § 10445

No motor carrier shall enter into or become a party to any
combination, contract, agreement or understanding, written or oral,
express or implied, to prevent by any arrangement, or by change of
arrangement of time schedule, by carriage or by any other means or device
whatsoever the carriage of household goods from being continuous from the
place of shipment to the place of destination. No breakage of bulk,
stoppage or interruption of carriage made by any motor carrier shall
prevent the carriage of household goods from being treated as one
continuous carriage from the place of shipment to the place of
destination. Nor shall any such breakage of bulk, stoppage or
interruption of carriage be made or permitted by any motor carrier except
it be done in good faith for a necessary purpose without intention to
avoid or unnecessarily interrupt or delay the continuous carriage of such
household goods or to evade any of the provisions of law, of this
chapter, or of any order or decision of the division of motor carrier and
railroad safety. (RSMo 1939 § 5617, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5161; 1919 § 10450

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

1. Every motor carrier shall, upon demand, issue either a
receipt or bill of lading for all household goods delivered to it for
transportation. No contract, stipulation or clause in any receipt or bill
of lading shall exempt or be held to exempt any motor carrier from any
liability for loss, damage or injury caused by it to household goods from
the time of its delivery for transportation until the same shall have
been received at its destination and a reasonable time shall have elapsed
after notice to consignee of such arrival to permit of the removal of
such property.

2. Every motor carrier shall be liable for all loss, damage or injury to
household goods caused by delay in transit due to negligence while the
same is being carried by it, but in any action to recover for damages
sustained by delay in transit the burden of proof shall be upon the
defendant to show that such delay was not due to negligence.

3. Every motor carrier shall be liable for loss, damage and injury to
household goods carried as baggage up to the full value and regardless of
the character thereof, but the value in excess of one hundred and fifty
dollars shall be stated upon delivery to the carrier, and a written
receipt stating the value shall be issued by the carrier, who may make a
reasonable charge for the assumption of such liability in excess of one
hundred and fifty dollars and for the carriage of baggage exceeding one
hundred and fifty pounds in weight upon a single ticket. Nothing in this
section shall deprive any holder of such receipt or bill of lading of any
remedy or right of action which the holder has under existing laws. (RSMo
1939 § 5616, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5160; 1919 § 10449

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

1. Whenever the division of motor carrier and railroad safety
shall be of the opinion, after a hearing had upon its own motion or upon
complaint, that the rates, fares or charges demanded, exacted, charged or
collected by any motor carrier for the transportation of persons or
household goods within the state, or that the regulations or practices of
such motor carrier affecting such rates are unjust, unreasonable,
unjustly discriminatory or unduly preferential, or in any wise in
violation of any provisions of law, or that the maximum rates, fares or
charges, chargeable by any such motor carrier are insufficient to yield
reasonable compensation for the service rendered, and are unjust and
unreasonable, the division shall, with due regard, among other things, to
a reasonable average return upon the value of the household goods
actually used in the public service and to the necessity of making
reservation out of income for surplus and contingencies, determine the
just and reasonable rates, fares and charges to be thereafter observed
and in force as the maximum to be charged for the service to be
performed, notwithstanding that a higher rate, fare or charge has been
heretofore authorized by statute, and shall fix the same by order to be
served upon all motor carriers by whom such rates, fares and charges are
thereafter to be observed.

2. Whenever the division shall be of the opinion, after a hearing had
upon its own motion or upon complaint, that the rates, fares or charges
demanded, exacted, charged or collected by any motor carrier for
excursion, school or family commutation, commutation passenger tickets,
half-fare tickets for the transportation of children under twelve years
of age, or any other form of reduced rate tickets for the transportation
of persons within the state, or joint interchangeable mileage tickets,
with special privileges as to the amount of free baggage that may be
carried under mileage tickets of one thousand miles or more within the
state, or that the regulations or practices of such motor carrier
affecting such rates are unjust, unreasonable, unjustly discriminatory or
unduly preferential, or in any wise in violation of any provision of law,
or that the maximum rates, fares or charges collected or charged for any
of such forms of reduced fare passenger transportation tickets by any
such motor carrier are insufficient to yield reasonable compensation for
the service rendered, and are unjust and unreasonable the division shall,
with due regard, among other things, to a reasonable average return upon
the value of the household goods actually used in the public service and
to the necessity of making reservation out of income for surplus and
contingencies, determine the just and reasonable rates, fares and charges
to be thereafter observed and enforced as the maximum to be charged for
such mileage, excursion, school or family commutation, half-fare or any
other form of reduced fare tickets for the transportation of persons, or
joint interchangeable mileage tickets with special privileges as
aforesaid, and shall order the sale and use thereof to be restored, of
any of the kinds of tickets herein specified or any other form of reduced
rate ticket for the transportation of persons within the state and shall
determine and prescribe the reasonable and just rates, fares and charges
to be thereafter observed and enforced as the maximum to be charged for
any such form of ticket or tickets for the transportation of persons
within this state, all of which laws fixing such rates, fares and charges
or requiring the restoration of, sale and use of any of such forms of
ticket or tickets, shall be by order to be served upon all motor carriers
by whom such rates, fares and charges or restoration of, sale or use of,
such ticket or tickets are thereafter to be observed.

3. Whenever the division shall be of the opinion, after a hearing had
upon its own motion or upon complaint, that the regulations, practices,
equipment, appliances or service of any such motor carrier in respect to
transportation of persons or household goods within this state are
unjust, unreasonable, unsafe, improper or inadequate, the division shall
determine the just, reasonable, safe, adequate and proper regulations,
practices, equipment, appliances and service thereafter to be in force,
to be observed and to be used in such transportation of persons and
household goods and so fix and prescribe the same by order to be served
upon every motor carrier to be bound thereby; and thereafter it shall be
the duty of every motor carrier to observe and obey each and every
requirement of every such order so served upon it, and to do everything
necessary or proper in order to secure absolute compliance with and
observance of every such order by all of its officers, agents and
employees.

4. The division shall have power to require, by order, any two or more
motor carriers, whose lines, owned, operated, controlled or leased, form
a continuous or connecting line of transportation by transfer of
household goods or passengers at connecting points, to establish through
rates and joint rates, fares and charges for the transportation of
passengers and household goods within the state as the division may, by
its order, designate; and in case such through rates, and joint rates be
not established by the motor carriers named in any such order within the
time therein specified, the division shall establish just and reasonable
rates, fares and charges, to be charged for such through transportation,
and declare the portions thereof to which each motor carrier affected
thereby shall be entitled and the manner in which the same shall be paid
and secured; and the division shall also have power in the same
proceeding, or in a separate proceeding involving any rates, fares or
charges, to prescribe joint rates and fares and charges as the maximum to
be exacted for the transportation by them of passengers and household
goods within the state, and to require such motor carriers affected
thereby to make within a specified time an agreement between them as to
the portion of such joint rates, fares or charges to which each of them
shall be entitled; and in case such agreement be not so made within the
time so specified the division may declare by supplemental order the
portion thereof to which each motor carrier affected thereby shall be
entitled and the manner in which the same shall be paid and secured; such
supplemental order shall take effect as part of the original order from
the time such supplemental order shall become effective. (RSMo 1939 §
5623, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5167; 1919 § 10456

Whenever there shall be filed with the division of motor carrier
and railroad safety by any motor carrier any schedule stating a new
individual or joint rate, fare or charge, or any new individual or joint
classification, or any new individual or joint regulation or practice
affecting any rate, fare or charge, the division shall have, and it is
hereby given, authority, either upon complaint or upon its own initiative
without complaint at once, and if it so orders without answer or other
formal pleading by the interested carrier or carriers, but upon
reasonable notice, to enter upon a hearing, concerning the propriety of
such rate, fare, charge, classification, regulation or practice; and
pending such hearing and the decision thereon the division, upon filing
with such schedule and delivering to the carrier or carriers affected
thereby a statement in writing of its reasons for such suspension, may
suspend the operation of such schedule and defer the use of such rate,
fare, charge, classification, regulation or practice, but not for a
longer period than one hundred and twenty days beyond the time when such
rate, fare, charge, classification, regulation or practice, would
otherwise go into effect; and after full hearing, whether completed
before or after the rate, fare, charge, classification, regulation or
practice goes into effect, the division may make such order in reference
to such rate, fare, charge, classification, regulation or practice as
would be proper in a proceeding initiated after the rate, fare, charge,
classification, regulation or practice had become effective; provided,
that if any such hearing cannot be concluded within the period of
suspension, as stated in this section*, the division may, in its
discretion, extend the time of suspension for a further period not
exceeding six months. At any hearing involving a rate increased or a rate
sought to be increased after August 28, 1996, the burden of proof to show
that the increased rate or proposed increased rate is just and reasonable
shall be upon the motor carrier, and the division shall give to the
hearing and decision of such questions preference over all other
questions pending before it and decide the same as speedily as possible.
(RSMo 1939 § 5625, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5169; 1919 § 10457

*Words "as above stated" appear in original rolls.

The division shall ascertain, determine and fix for each motor
carrier of passengers or household goods suitable and convenient standard
commercial units of service, product or commodity, which units shall be
lawful units for the purposes of this chapter. (L. 1996 S.B. 780)

All rates, tolls, charges, schedules and joint rates fixed by
the division with reference to the transportation of passengers or
household goods by motor carrier shall be in force and shall be prima
facie lawful, and all regulations, practices and services prescribed by
the division shall be in force and shall be prima facie lawful and
reasonable until found otherwise in a suit brought for that purpose
pursuant to the provisions of this chapter. (L. 1996 S.B. 780)

1. If in the judgment of the division of motor carrier and
railroad safety, additional terminals or terminal facilities, stations or
any other property, construction, apparatus, equipment, facilities or
device for use by any motor carrier in connection with the transportation
of passengers or household goods ought reasonably to be provided, or any
repairs or improvements to or changes in any thereof in use ought
reasonably to be made, or any additions or changes in construction should
reasonably be made thereto in order to promote the security or
convenience of the public or employees, or in order to secure adequate
service or facilities for the transportation of passengers or property,
the division shall, after a hearing, either on its own motion or after
complaint, make and serve an order directing such repairs, improvements,
changes or additions to be made within a reasonable time and in a manner
to be specified therein, and every motor carrier is hereby required and
directed to make all repairs, improvements, changes and additions
required of it by any order of the division served upon it.

2. If any repairs, improvements, changes or additions which the division
has determined to order require joint action by two or more of said
corporations, the division shall, before entry and service of order,
notify the said corporations that such repairs, improvements, changes or
additions will be required and that the same shall be made at their joint
cost, and thereupon the said corporations shall have thirty days or such
longer time as the division may grant within which to agree upon the part
or division of cost of such repairs, improvements, changes or additions
which each shall bear. If at the expiration of such time such
corporations shall fail to file with the division a statement that an
agreement has been made for a division or apportionment of such repairs,
improvements, changes or additions, the division shall have authority,
after further hearing, to fix in its order the proportion of such cost or
expense to be borne by each corporation and the manner in which the same
shall be paid and secured. (RSMo 1939 § 5626, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5170; 1919 § 10458

CROSS REFERENCE: Railroad regulation, cities of third and fourth classes,
RSMo 77.200

The power of motor carriers to issue stocks, and bonds, notes
and other evidences of indebtedness and to create liens upon their
property situated in this state is a special privilege, the right of
supervision, regulation, restriction, and control of which is and shall
continue to be vested in the state, and such power shall be exercised as
provided by law and under such rules and regulations as the division of
motor carrier and railroad safety may prescribe. (RSMo 1939 § 5631, A.L.
1996 S.B. 780)

Prior revisions: 1929 § 5175; 1919 § 10463

1. A motor carrier organized or existing, or hereafter
incorporated, under or by virtue of the laws of the state of Missouri,
may issue stocks, bonds, notes or other evidences of indebtedness payable
at periods of more than twelve months after the date thereof, when
necessary for the acquisition of property, the construction, completion,
extension or improvement of its facilities, or for the improvement or
maintenance of its service, or for the discharge or lawful refunding of
its obligations, or for the reimbursement of moneys actually expended
from income, or from any other moneys in the treasury of the corporation
not secured by or obtained from the issue of stocks, bonds, notes or
other evidence of indebtedness of such corporation, within five years
next prior to the filing of an application with the division of motor
carrier and railroad safety for the required authorization, for any of
the aforesaid purposes except maintenance of service and except
replacements in cases where the applicant shall have kept its accounts
and vouchers of such expenditure in such manner as to enable the division
to ascertain the amount of moneys so expended and the purposes for which
such expenditure was made; provided, and not otherwise, that there shall
have been secured from the division an order authorizing such issue, and
the amount thereof, and stating the purposes to which the issue or
proceeds thereof are to be applied, and that, in the opinion of the
division, the money, property or labor to be procured or paid for by the
issue of such stocks, bonds, notes or other evidence of indebtedness is
or has been reasonably required for the purposes specified in the order,
and that except as otherwise permitted in the order in the case of bonds,
notes and other evidence of indebtedness, such purposes are not, in whole
or in part, reasonably chargeable to operating expenses or to income.

2. For the purpose of enabling it to determine whether it should issue
such an order, the division shall make such inquiry or investigation,
hold such hearings and examine such witnesses, books, papers, documents
or contracts as it may deem of importance in enabling it to reach a
determination. Such corporation shall not without the consent of the
division apply said issue or any proceeds thereof to any purpose not
specified in such order.

3. Such motor carrier may issue notes, for proper corporate purposes and
not in violation of any provision of this chapter, or any other law,
payable at periods of not more than twelve months without such consent,
but no such notes shall, in whole or in part, directly or indirectly, be
refunded, by any issue of stock or bonds or by any evidence of
indebtedness running for more than twelve months without the consent of
the division; provided, however, that the division shall have no power to
authorize the capitalization of any franchise to be a corporation or to
authorize the capitalization of any franchise or the right to own,
operate or enjoy any franchise whatsoever in excess of the amount
(exclusive of any tax or annual charge) actually paid to the state or to
a political subdivision thereof as the consideration for the grant of
such franchise or right; nor shall the capital stock of a corporation
formed by the merger or consolidation of two or more other corporations,
exceed the sum of the capital stock of the corporation so consolidated,
at the par value thereof, or such sum and any additional sum actually
paid in cash; nor shall any contract for consolidation or lease be
capitalized in the stock of any corporation whatever; nor shall any
corporation hereafter issue any bonds against or as a lien upon any
contract for consolidation or merger. (RSMo 1939 § 5634, A. 1949 H.B.
2100, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5178; 1919 § 10466

1. No motor carrier governed by the provisions of this chapter
shall issue any stock, bonds, notes or other evidence of indebtedness,
for money, property or services, either directly or indirectly, nor shall
it receive any money, property or services in payment of the same, either
directly or indirectly, until there shall have been recorded upon the
books of such corporation or person the certificate of the division of
motor carrier and railroad safety herein provided for.

2. No motor carrier governed by the provisions of this chapter shall
declare any stock, bond or scrip dividend or divide the proceeds of the
same of any stock, bond or scrip among its stockholders unless authorized
by the division so to do. (RSMo 1939 § 5635, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5179; 1919 § 10467

1. The division of motor carrier and railroad safety shall have
the power to require motor carriers to account for the disposition of the
proceeds of all sales of stocks, bonds, notes and other evidences of
indebtedness in such form and detail as it may deem advisable and to
establish such rules and regulations as it may deem reasonable and
necessary to insure the disposition of such proceeds for the purpose or
purposes specified in its order.

2. All stock, and every bond, note or evidence of indebtedness, of a
motor carrier issued without an order of the division authorizing the
same then in effect shall be void, and likewise all stock, and every
bond, note or other evidence of indebtedness, of a motor carrier issued
with the authorization of the division, but not conforming in its
provisions to the provisions, if any, which it is required by the order
of authorization of the division to contain, shall be void; but no
failure in any other respect to comply with the terms or conditions of
the order of authorization of the division shall render void any stock,
or any bond, note or other evidence of indebtedness, except as to a
corporation or person taking the same otherwise than in good faith and
for value and without actual notice.

3. Every motor carrier, which directly or indirectly issues or causes to
be issued, any stock or stock certificates, or bond, note or other
evidence of indebtedness, in nonconformity with the order of the division
authorizing the same, or contrary to the provisions of this chapter, or
of the constitution of the state, or which applies the proceeds from the
sale thereof, or any part thereof, to any purpose other than the purpose
or purposes specified in the division's order, as herein provided, or to
any purpose specified in the division's order in excess of the amount in
said order authorized for such purpose, is subject to a penalty of not
less than five hundred dollars nor more than twenty thousand dollars for
each offense.

4. Every officer, agent or employee of a motor carrier, and every other
person who knowingly authorizes, directs, aids in, issues or executes, or
causes to be issued or executed, any stock, or bond, note or other
evidence of indebtedness, in nonconformity with the order of the division
authorizing the same, or contrary to the provisions of this chapter, or
of the constitution of this state, or who, in any proceeding before the
division, knowingly makes any false statement or representation, or with
knowledge of its falsity files or causes to be filed with the division
any false statement or representation which said statement or
representation so made, filed or caused to be filed may tend in any way
to influence the division to make an order authorizing the issue of any
stock, or any bond, note or other evidence of indebtedness, or which
results in procuring from the division the making of any such order, or
who, with knowledge that any false statement or representation was made
to the division in any proceeding, tending in any way to influence the
division to make such order, issues or executes or negotiates, or causes
to be issued, executed or negotiated any such stock, or bond, note or
other evidence of indebtedness, or who directly or indirectly, knowingly
applies, or causes or assists to be applied the proceeds or any part
thereof, from the sale of any stock, or bond, note or other evidence of
indebtedness, to any purpose not specified in the division's order, or to
any purpose specified in the division's order in excess of the amount
authorized for such purpose, or who, with knowledge that any stock, or
bond, note or other evidence of indebtedness, has been issued or executed
in violation of any of the provisions of this chapter, negotiates, or
causes the same to be negotiated, shall be deemed guilty of a felony, and
upon conviction, shall be punished by a fine of not less than one
thousand dollars nor more than five thousand dollars, or by imprisonment
for not less than two years nor more than five years, or by both such
fine and imprisonment.

5. No provision of this chapter, and no deed or act done or performed
under or in connection therewith, shall be held or construed to obligate
the state of Missouri to pay or guarantee, in any manner whatsoever, any
stock, or bond, note or other evidence of indebtedness, authorized,
issued or executed under the provisions of this chapter.

6. All stocks, and every bond, note or other evidence of indebtedness
issued by any motor carrier after this chapter takes effect, upon the
authority of any articles of incorporation or amendments thereto or vote
of the stockholders or directors filed, taken or had, or other
proceedings taken or had, previous to the taking effect of this chapter,
shall be void, unless an order of the division authorizing the issue of
such stock, or bonds, notes, or other evidences of indebtedness shall
have been obtained from the division prior to such issue. The division
may by its order impose such condition or conditions as it may deem
reasonable and necessary. (RSMo 1939 § 5636, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5180; 1919 § 10468

1. The division of motor carrier and railroad safety shall have
the power to ascertain the value of the property of every motor carrier
in this state and every fact which in its judgment may or does have any
bearing on such value. The division shall have power to make revaluations
from time to time and to ascertain all new construction, extensions and
additions to the property of every motor carrier.

2. For the purpose of ascertaining the matters and things specified in
this section concerning the value of the property of motor carriers the
division may cause a hearing or hearings to be held at such time or times
or place or places as the division may designate. Before any hearing is
had, the division shall give the motor carrier affected thereby at least
thirty days' written notice, specifying the time and place of such
hearing, and such notice shall be sufficient to authorize the division to
inquire into the matters designated in this section, but this provision
shall not prevent the division from making any preliminary examination or
investigation into the matters herein referred to, or from inquiring into
such matters in any other investigation or hearing. All motor carriers
affected shall be entitled to be heard and to introduce evidence at such
hearing or hearings. The division is empowered to resort to any other
source of information available which information shall be offered in
evidence on such hearing. The evidence introduced at such a hearing or at
such hearings shall be reduced to writing and certified under the seal of
the division.

3. The division shall make and file its findings of fact in writing upon
all matters concerning which evidence shall have been introduced before
it which in its judgment have bearing on the value of the property of the
motor carrier affected. Such findings shall be subject to review by any
circuit court of this state in the same manner and within the same time
as other orders and decisions of the division. The findings of the
division so made and filed, when properly certified under the seal of the
division, shall be admissible in evidence in any action, proceeding or
hearing before the division or any court in which the division, the state
or any officer, department or institution thereof, or any county, city,
municipality or other body politic and the motor carrier affected may be
interested, whether arising under the provisions of this chapter or
otherwise, and such findings when so introduced shall be conclusive
evidence of the acts therein stated as of the date therein stated under
conditions then existing, and such facts can only be controverted by
showing a subsequent change in conditions bearing upon the facts therein
determined.

4. The division may from time to time cause further hearings and
investigations to be had for the purpose of making revaluations or
ascertaining the value of any betterments, improvements, additions or
extensions made by any motor carrier subsequent to any prior hearing or
investigation, and may examine into all matters which may change, modify
or affect any findings of fact previously made, and may at such time make
findings of fact supplementary to those theretofore made. Such hearings
shall be had upon the same notice and be conducted in the same manner,
and the findings so made shall have the same force and effect as is
provided herein for such original notice, hearing and findings; provided,
that such findings made at such supplemental hearings or investigations
shall be considered in connection with and as a part of the original
findings except insofar as such supplemental findings shall change or
modify the findings made at the original hearing or investigation. (RSMo
1939 § 5637, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5181; 1919 § 10469

1. The division of motor carrier and railroad safety may,
whenever it deems advisable, establish a system of accounts to be used by
motor carriers which are subject to its supervision, or may classify the
said corporations and other carriers and prescribe a system of accounts
for each class, and may prescribe the manner in which such accounts shall
be kept. It may also, in its discretion, prescribe the forms of accounts,
records and memoranda to be kept by such corporations, including the
accounts, records and memoranda of the movement of traffic, as well as
the receipts and expenditures of moneys. Notice of alterations by the
division in the required method or form of keeping a system of accounts
shall be given to such persons or corporations by the division at least
six months before the same are to take effect.

2. The division shall at all times have access to all accounts, records
and memoranda kept by motor carriers, and may designate any of its
officers or employees, who shall thereupon have authority under the order
of the division to inspect and examine any and all accounts, records and
memoranda kept by such corporations.

3. The division may, after hearing, prescribe by order the accounts in
which particular outlays and receipts shall be entered, charged or
credited. Whenever the division has prescribed the form of accounts,
records and memoranda to be kept by such corporations it shall be
unlawful for them to keep any other accounts, records or memoranda than
those so prescribed, or those prescribed by or under the authority of the
United States.

4. Any employee or agent of the division who divulges any fact or
information which may come to the employee's or agent's knowledge during
the course of any such inspection or examination except insofar as the
employee or agent may be directed by the division or by a court, or
authorized by law, shall be guilty of a misdemeanor. (RSMo 1939 § 5629,
A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5173; 1919 § 10461

CROSS REFERENCE: Soft drinks, shipment of, report to department of health
and senior services, when, RSMo 196.390

The division of motor carrier and railroad safety shall have
power, after hearing, to require any or all motor carriers to carry a
proper and adequate depreciation account in accordance with such rules,
regulations and forms of account as the division may prescribe. The
division may, from time to time, ascertain and determine and by order fix
the proper and adequate rates of depreciation of the several classes of
property of such corporation, person or public utility. Each motor
carrier shall conform its depreciation accounts to the rates so
ascertained, determined and fixed, and shall set aside the moneys so
provided for out of earnings and carry the same in a depreciation fund
and expend such fund only for such purposes and under such rules and
regulations, both as to original expenditure and subsequent replacement
as the division may prescribe. The income from investments of moneys in
such fund shall likewise be carried in such fund. (RSMo 1939 § 5638, A.L.
1996 S.B. 780)

Prior revisions: 1929 § 5182; 1919 § 10470

Reorganizations of motor carriers shall be subject to the
supervision and control of the division of motor carrier and railroad
safety and no such reorganization shall be had without the authorization
of the division. Upon all such reorganizations the amount of
capitalization, including therein all stocks and bonds and other evidence
of indebtedness, shall be such as is authorized by the division which, in
making its determination, shall not exceed the fair value of the property
involved, taking into consideration its original cost of construction,
duplication costs, present condition, earning power at reasonable rates
and all other relevant matters and any additional sum or sums as shall be
actually paid in cash; provided, however, that the division may make due
allowance for discount of bonds. Any reorganization agreement before it
becomes effective shall be amended so that the amount of capitalization
shall conform to the amount authorized by the division. The division may
by its order impose such condition or conditions as it may deem
reasonable and necessary. (RSMo 1939 § 5639, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5183; 1919 § 10471

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