Name and Address Changes for Motor Carriers

PURPOSE: This rule requires motor carriers and railroad corporations to notify the division of changes of their names (including fictitious names) and any change of address of their principal place of business, prescribes the procedures for those changes, and requires intrastate motor contract carriers of passengers or household goods to notify the division of changes in the name or address of contracting shippers they are authorized to serve under their contract carrier permits. (1) Motor carriers holding intrastate operating authority from the Missouri Department of Transportation Motor Carrier Services Division shall file with the division, not later than five (5) days after a change of name or change of address of their principal place of business becomes effective, a written request that the division record the carrier’s change of name, change of address, or both. The request shall state the numbers of every certificate and permit issued to that carrier by the division and currently in force, including both active and suspended authority. The division shall not recognize or approve a change of name or change of address under this section until the carrier has complied with the following requirements: (A) New certificates of insurance or surety bonds setting forth the carrier’s new name and address shall be filed with and approved by the division, in accordance with 7 CSR 26510.052; (B) If the change involves any change of name by a corporation, limited liability partnership, or any change of fictitious name of any person holding intrastate operating authority, notice of the change of name or change of fictitious name shall be filed with the Missouri secretary of state, as otherwise required by law; and (C) If the carrier becomes a nonresident as a result of a change of address and the carrier does not maintain an office or agent in this state, it shall file with the division a writing which designates the carrier’s authorized agent upon whom legal service may be made in all actions arising in this state from any operation of a motor vehicle under authority of any certificate or permit issued to the carrier. (2) If a motor carrier’s change of name involves any change in the form of business entity owning the operating authority, such as changing from an individual to a partnership or corporation, or changing from a corporation or partnership to an individual, these changes are transfers within the meaning TRANSPORTATION of section 390.111, RSMo. Both the transfer and transferee shall apply to the division for approval of every transfer as required under 7 CSR 265-10.015. (3) Every contract carrier holding a contract carrier permit issued by the division under section 390.061, RSMo, which authorizes the intrastate transportation of passengers or household goods, shall file with the division, not later than five (5) days after learning of any change of name or change of address of a contracting shipper named in the permit, a written request that the division record the shipper’s change of name, change of address, or both. The request shall state the carrier’s own name and the number assigned to the contract carrier permit by the division, together with the former name and address of the shipper, and the new name and address of the shipper. The carrier shall attach a copy of a letter or other writing from the shipper giving notice of the change of name or address, or both. This section shall also apply if the shipper’s change of name involves any change of the entity under contract with the carrier, by incorporation, merger, or consolidation of the shipper, or by the shipper’s assignment or delegation of the contract or contract rights to another entity. AUTHORITY: section 622.027, RSMo 2016.* This rule originally filed as 4 CSR 265-2.055. Original rule filed May 2, 1991, effective Dec. 9, 1991. 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 amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1995. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Moved to 7 CSR 265-10.052 and amended: Filed Oct. 14, 2016, effective July 30, 2017. *Original authority: 622.027, RSMo 1985, amended 1993, 1995.