Tariffs, Time Schedules, and Motor Carrier Documentation

PURPOSE: This rule prescribes certain requirements for the keeping, filing, application and interpretation of certain motor carrier documents including tariffs, c.o.d. records, bills of lading, expense or freight bills, manifests, delivery receipts, time schedules, certificates of public convenience and necessity, contract carrier permits and claim registers. (1) Tariff Publication. Every common carrier, authorized by the commission to engage in intrastate transportation of passengers other than in charter service shall publish and file with the commission its tariffs specifying its rates and charges. Every common carrier engaged in intrastate transportation of household goods between points in Missouri, shall maintain and publish its tariffs specifying its rates and charges. Also, such carriers shall keep for public inspection at each of their terminals, tariffs specifying their rates and charges and which shall— (A) Conform, when published by common carriers of household goods to the requirements contained in the Household Goods Tariff Circular No. 1-2013, available at www. modot.org/movinginmissouri; (B) Conform, if filed upon not less than one (1) day’s notice by common carriers of passengers other than in charter service and their baggage, to the rules contained in 7 CSR 265-10.055; and (C) Any tariff not conforming to the rules, regulations, or rate orders issued by the commission or its predecessors or the applicable tariff circular may be rejected or suspended by the commission and the common carrier shall have thirty (30) days from the date of suspension to request a hearing before the Administrative Hearing Commission. (2) Expense Bill Information. Every common motor carrier of passengers providing intrastate charter service shall issue an expense bill for each chartering group’s trip, containing the information required by the commission. (3) Record Retention. A copy of all expense bills, delivery receipts, and any other shipping records or passenger trip records issued by a motor carrier subject to the commission’s jurisdiction shall be kept on file in the Missouri office of the carrier issuing the shipping records for not less than two (2) years after the date of issuance. Each common carrier of passengers in charter service shall maintain a complete file of consecutively numbered expense bills for inspection and audit by the commission. (4) Time Schedules. Every regular route common carrier of passengers other than in charter service shall publish, post, and file time schedules in the format and with the required information as determined by the commission. (5) Deviation of Service Route. Where a highway over which a motor carrier of passengers other than in charter service is authorized to operate in regular route service is temporarily obstructed or rendered unsafe by flood, slides, or other causes over which the carrier has no control or which highway or bridges on that highway are subject to weight restrictions by proper authority, the carrier may deviate from its designated route to the extent necessary to avoid the obstruction or restriction, but shall not provide service to, from, or between any points which it is not otherwise authorized to serve. (6) Regulation Presumed. All intrastate transportation provided for hire by a motor carrier who is subject to the jurisdiction of the commission under Chapter 390, RSMo, shall be presumed to be transportation subject to the commission’s jurisdiction, except when the carrier has removed or covered up all vehicle markings which display the number of the motor carrier’s certificate or permit on each vehicle while being used for exempt transportation. This requirement is deemed to be reasonably necessary to distinguish exempt activities from regulated transportation activities pursuant to the carrier’s certificate or permit. (7) Claims. Every motor carrier who receives a written claim for loss or damage to passengers or baggage transported by it shall acknowledge receipt of that claim, in writing, to the claimant within thirty (30) calendar days after the carrier receives the written claim. The carrier, at the time the claim is received, shall cause the date of receipt to be recorded on the claim and shall maintain a claim register. The carrier, within one hundred twenty (120) days after the receipt of the claim, shall tender payment, decline payment, or make a firm compromise settlement offer in writing to the claimant. AUTHORITY: section 622.027, RSMo 2000.* This rule originally filed as 4 CSR 265-10.050. Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed May 17, 1989, effective Sept. 11, 1989. Amended: Filed May 2, 1991, effective Dec. 9, 1991. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, terminated 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 amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Moved to 7 CSR 265-10.050, effective July 11, 2002. Emergency amendment filed Sept. 13, 2007, effective Oct. 3, 2007, expired March 30, 2008. Amended: Filed Sept. 13, 2007, effective March 30, 2008. Amended: Filed May 2, 2013, effective Dec. 30, 2013. *Original authority: 622.027, RSMo 1985, amended 1993, 1995.