PURPOSE: Except as preempted by Section 601 of the Federal Aviation Administration Authorization Act of 1994 (H.R. 2379, 103d Congress, 2d Session)(49 U.S.C. sections 11501(h) and 41713(b)), the Division of 4 CSR 265-10

Transportation has authority to establish just and reasonable classifications of types of carriers included in the terms common carriers or contract carriers as the special nature of the service performed by the carriers shall require. This rule establishes and defines the service authorized for these classifications of carriers.

Editor’s Note: The following material is incorporated into this rule by reference: 1) Federal Aviation Administration Authorization Act of 1994 (H.P. 2739, 103d Congress, 2d Session) 49 U.S. Code sections 11501(h) and 41713(b)) (Washington: U.S. Government Printing Office, 1994). In accordance with section 536.031(4), RSMo, the full text of material incorporated by reference will be made available to any interested person at the Office of the Secretary of State and the headquarters of the adopting state agency.

1. (1) The following classifications of types of common and contract carriers are established pursuant to section 601 of the Federal Aviation Administration Authorization Act of 1994 along with the special nature of the service that each shall be entitled to perform:

   1. (A) Motor carriers of passengers in school bus type equipment shall be authorized to transport passengers and their baggage on the highways of Missouri only in vehicles designed for the transportation of students to or from school, and shall specifically exclude vehicles which have reclining seats, special head or foot rests, lavatories, restrooms or snack bars, air-conditioning or other conveniences or comforts not normally found in school buses. When the vehicles are operated under a certificate or permit issued by the division, the designation school bus shall be covered and the stop arm shall be deactivated;
   2. (B) Motor carriers of passengers in “charter service,” as described in section 390.020(3), RSMo;

   3. (C) Motor carriers of passengers in “noncharter service,” or “other than in charter service,” whose operations do not wholly conform to the definition of “charter service” under section 390.020(3), RSMo. This classification includes, but is not limited to, the following subclassifications:

      1. 1. “Non-profit special passenger carri-

ers,” not-for-profit corporations authorized by a certificate or permit issued under House Bill No. 1433, 86th General Assembly, 2d Regular Session, 1992 (section 390.063, RSMo) when exclusively transporting passengers who are—

1. A. “Elderly,” meaning any person

who is sixty (60) years of age or older;

1. B. “Handicapped,” meaning any per-

son having a physical or mental condition, either permanent or temporary, which would substantially impair ability to operate or utilize available transportation;

1. C. Preschool disadvantaged children

transported for the purpose of participating in a federal Head Start program; or

1. D. Persons transported in areas other

than “urbanized areas,:” for which the motor carrier is authorized to be subsidized or reimbursed under section 18 of the Urban Mass Transportation Act of 1964, 49 U.S.C. section 1614, with federal funds administered by the Missouri Highways and Transportation Department, except that priority shall be given to serving passengers who are elderly, handicapped or preschool disadvantaged children under the carrier’s certificate or permit. The term “urbanized area” means an area so designated by the United States Bureau of Census as provided under section 12(c)(11) of the Urban Mass Transportation Act of 1964, which has a population of more than fifty thousand (50,000) persons; and

1. (D) Motor carriers transporting “household goods” as defined in section 390.020(12), RSMo.

AUTHORITY: section 622.027, RSMo 1994.* This rule was previously filed as 4 CSR 265- 10.060. Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed April 16, 1986, effective June 30, 1986. Amended: Filed May 17, 1989, effective Sept. 11, 1989. 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. *Original authority 1985, amended 1993, 1995.