Application Requirements for the Issuance and Transfer of Intrastate Motor Carrier Authority

PURPOSE: This proposed rule sets forth the requirements that applications to the commission requesting an intrastate motor carrier certificate, permit, or property carrier registration must meet. (1) Applicability. Every application for the issuance or transfer of a common carrier certificate under section 390.051, RSMo, a contract carrier permit under section 390.061, RSMo, or both; the issuance of temporary authority under section 390.081, RSMo; or a property carrier registration under Chapter 622, RSMo, which authorizes the transportation of passengers or property on the public highways in Missouri intrastate commerce shall be filed in conformity with the requirements of this rule and other rules of the commission whenever applicable. (2) Application Form. The applicant or an authorized representative of the applicant under oath or penalty of perjury shall complete, verify, and electronically file an application using the commission’s secure MoDOT Carrier Express business application. (3) Required Documentation. The commission shall not consider for final determination the request of the applicant until the commission has received the following required documentation: (A) Completed application form; (B) Filing of proof of insurance in accordance with the requirements of section 390.126, RSMo, and commission rules 7 CSR 265-10.030 and 7 CSR 265-10.035; (C) Payment of vehicle licensing fees in accordance with section 390.136, RSMo, and commission rule 7 CSR 265-10.020; (D) Confirmation that the applicant is properly registered and in good standing as required by law with the Office of the Missouri Secretary of State; (E) Filed an approved tariff and time schedule for the transportation of passengers other than in charter service; (F) Confirmation that the applicant is properly registered with the United States Department of Transportation (USDOT); (G) A copy of each executed contract for every contracting party listed in the application; and (H) Certification of workers’ compensation coverage. (4) Failure to File Required Documentation. If the applicant has failed to file the required documentation as set forth in section (3) of this rule within forty-five (45) days from the date the application has been received by the commission, the applicant will be notified that no further consideration will be taken upon the applicant’s pending request for authority. (5) Findings. The commission shall grant the application if the commission determines from the information filed by the applicant and any other information submitted to the commission that the applicant meets the applicable standards as required in sections 390.051, 390.061, 390.063, 390.081, or Chapter 622, RSMo. (6) Request Denied. If the commission determines that the information on record concerning the applicant’s request for authority does not meet the standards as required by law, the commission shall deny the application by notice to the applicant. The applicant may request in writing a hearing with the Missouri Administrative Hearing Commission to determine the merits of the application and the Administrative Hearing Commission shall make the final determination whether to grant the operating authority requested by the applicant. (7) Transfers—Commission staff’s review of each proposed transfer of a certificate or permit shall include a consideration of how the proposed transfer will affect the transferor’s and transferee’s other operating authority, if any. In issuing the transfer request, commission staff may correct spelling, TRANSPORTATION typographical, grammatical, or format errors without altering the substance of the authority. AUTHORITY: sections 226.008 and 622.027, RSMo 2016.* This rule originally filed as 4 CSR 265-2.060. Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Emergency amendment filed Aug. 1, 1986, effective Aug. 13, 1986, expired Oct. 27, 1986. Amended: Filed July 31, 1986, effective Oct. 27, 1986. Emergency rescission filed Oct. 3, 1986, effective Oct. 23, 1986, expired Dec. 11, 1986. Amended: Filed Nov. 2, 1987, effective Feb. 11, 1988. Emergency amendment filed Sept. 21, 1988, effective Oct. 1, 1988, expired Dec. 29, 1988. Amended: Filed Oct. 17, 1988, effective Dec. 29, 1988. Amended: Filed May 17, 1989, effective Sept. 11, 1989. Emergency amendment filed Nov. 4, 1992, effective Nov. 14, 1992, expired March 13, 1993. Emergency amendment filed March 3, 1993, effective March 13, 1993, expired July 10, 1993. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994. Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency rule and rescission filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Rescinded and readopted: Filed Aug. 3, 1995, effective Feb. 25, 1996. Emergency amendment filed Aug. 16, 1996, effective Aug. 28, 1996, expired Feb. 23, 1997. Emergency amendment filed Sept. 13, 2007, effective Oct. 3, 2007, expired March 30, 2008. Moved and amended: Filed Sept. 13, 2007, effective March 30, 2008. Rescinded and readopted: Filed May 2, 2013, effective Dec. 30, 2013. Amended: Filed Oct. 14, 2016, effective July 30, 2017. Amended: Filed Dec. 8, 2023, effective July 30, 2024. *Original authority: 226.008, RSMo 2002, amended 2014, and 622.027, RSMo 1985, amended 1993, 1995.