PURPOSE: This rule prescribes definitions for certain words and terms used in the rules within 4 CSR 265-10 and interprets certain words and terms as used in Chapters 386, 387 and 390, RSMo.

1. (1) Unless otherwise specifically provided, or unless the context clearly indicates otherwise, the provisions of 4 CSR 265-2.010 defining words and terms shall apply to and determine the meaning of all those words and terms as used in this chapter, and in Chapters 386, 387 and 390, RSMo.

2. (2) As used in this chapter, in 4 CSR 265-2 and in Chapters 386, 387 and 390, RSMo, unless the context clearly requires otherwise, the following words and terms mean:

   1. (A) Civil subdivision means a political subdivision, public corporation or quasi-corporation or public governmental entity, which is established by law exclusively for public purposes. The term includes every county, township, municipality, incorporated town and village; public school district; road district; library district; drainage; sewer or levee district; fire district; county sports complex authority; special taxing district for public works or public improvements; soil and water conservation district; watershed subdistrict; board of control of a public art museum; other public boards, commissions and districts established by law, and their officers, agents and employees acting within the lawful scope of their official duties. The taxing power is not a prerequisite to being a civil subdivision, but possession of lawful taxing power creates a presumption that the possessor is a civil subdivision;

   2. (B) Contract carrier means a person who engages in the transportation of passengers or property by motor vehicle upon the public highways for hire or compensation under individual, continuing contracts or agreements. Contracts for the transportation of passengers or household goods shall meet the following requirements:

      1. 1. The contract shall impose material

bilateral obligations upon both the shipper and the carrier;

1. 2. Under every contract or agreement

for intrastate transportation service as a contract carrier, the carrier must provide some consideration beyond that which is required by law of a common carrier, such as dedicating specific equipment to the exclusive use of a shipper, or providing specialized equipment or services designed to meet the unique needs of the shipper;

1. 3. The contract or agreement must spec-

ify the shipper’s obligation to the contract carrier in terms of the quantity of service to be rendered, such as by the number of loads or tonnage of freight to be tendered to the carrier, which must be more than merely a nominal quantity, in order to distinguish the relationship from the unilateral agreement between a shipper and a common carrier. The quantity of service also may be stated in terms which require exclusive dealings between the contracting parties, or commit the shipper to tender all his/her output to the carrier, or commit the carrier to meet the entire transportation requirements of the shipper;

1. 4. The contract or agreement for the

transportation of passengers or household goods must either state an expiration date, or provide for cancellation by either party after not less than thirty (30) days’ notice to the other contracting party and to the division;

1. 5. The contract or agreement also must

include either a statement of the rates to be charged, or a specific provision which incorporates by reference a schedule of rates, in writing, to be effective between the carrier and shipper.

AUTHORITY: section 622.027, RSMo 1994.* Original rule 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.

*Original authority: 622.027, RSMo 1985, amended 1993, 1995.