PURPOSE: This rule sets forth the requirements which an application for interstate motor carrier permits, certain intrastate regular route passenger certificates and transfer of those certificates must meet.

Editor’s Note: The following material is incorporated into this rule by reference: 1) Missouri Division of Transportation, Single State Registration System (SSRS) Procedures Manual (Jefferson City, MO: Department of Economic Development, Revised July 1, 1994); 2) 49 U.S. Code section 10922(c)(2); and 3) Trucking Industry Regulatory Reform Act of 1994 (H.R. 2178, 103d Congress, 2d Session) (49 U.S. Code section 10936). 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) Registration of ICC Authorized Operations—Applications for permits registering interstate motor carrier operations authorized by a certificate or permit issued by the Interstate Commerce Commission (ICC) shall be made as required by the Single State Registration System (SSRS) Procedures Manual, which is adopted by the division. Except as otherwise specifically provided in this chapter or 4 CSR 265-10 with reference to operations under ICC authority, the SSRS Procedures Manual shall govern the registration, licensing, proof of insurance coverage and designation of process agents of all vehicles operated in Missouri under ICC authority.
2. (2) Registration of ICC Exempt Operations— If the applicant for an interstate permit is to perform a service that is exempt from ICC regulation, but which is not exempt under the provisions of Chapter 390, RSMo, the application shall be made on Form A-1—Uniform Application for Registration of Interstate Operations Exempt from Economic Jurisdiction of ICC. The forms for the applications may be obtained from the Division of Transportation, P.O. Box 1216, Jefferson City, MO 65102.

3. (3) Required Documentation—Except as provided in section (1) of this rule, or other rules of the division, all applications and exhibits required under this rule shall not be accepted for filing with the division until the division has received the following:

   1. (A) Completed Application Form and Exhibits—A completed application on the prescribed form, if any, including any exhibits required, which shall be verified as required by subsection (3)(D) and signed as required by section (5) of division rule 4 CSR 265-2.080;
   2. (B) Liability Insurance and Fees—Form E—Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance, or Form G—Uniform Motor Carrier Bodily Injury and Property Damage Surety Bond, executed in triplicate by the applicant's insurance provider, which shall provide liability insurance coverage in the required form and shall be filed with and approved by the division only in accordance with the requirements of 4 CSR 265-10.030; or in the alternative, notice that the applicant has been approved for self-insurance by order of this division, in accordance with the requirements of section 390.126.1., RSMo, and division rules 4 CSR 265-10.030 and 4 CSR 265-2.068;
   3. (C) Vehicle Licensing and Fees—Form B- 1—Uniform Application for Licensing of Vehicles or Driveaway Operations, showing the number and type of vehicle licenses requested by the applicant for each motor vehicle to be operated in Missouri under the requested operating authority during the current license year, together with payment by a certified check or money order payable to Director of Revenue, of the aggregate license fees payable under 4 CSR 265-10.020; and
   4. (D) Verification—The application shall be completed and verified under oath or penalty of perjury by the applicant, or by an authorized representative of the applicant, and if the application involves the transfer of a certificate or permit or both, the transferor’s statement shall also be completed and verified under oath or penalty of perjury by the transfer or, or by an authorized representative of the transfer or. All verifications shall be made upon personal knowledge, or reasonable information and belief of the matters verified. The application shall include the original signature of the natural person who verifies it, and the original signature of the applicant’s attorney, if any.
4. (4) Registration of Both ICC Authorized and ICC Exempt Operations—If operations to be performed by the applicant include service as authorized by the ICC as well as service under an exemption from ICC jurisdiction, the applicant shall comply with sections (1)—
5. (3) of this rule. Railroad Safety

6. (5) Intrastate Transportation of Passengers over Interstate Regular Routes—Not later than thirty (30) days after a motor carrier begins providing intrastate transportation of passengers within Missouri over its interstate regular routes, as authorized in a certificate issued by the ICC under 49 U.S.C. section 10922(c)(2), the carrier shall apply for the issuance of an intrastate certificate under this section. These applications shall be filed on Form MO-2, Application for a Certificate or Permit to Operate in Intrastate Commerce Transporting Household Goods or Passengers, which shall be completed and filed in triplicate with the division and shall not be accepted for filing with the division until the division has received the information required in section (3) of this rule and the following:

   1. (A) A registration receipt issued by the carrier's registration state under the SSRS showing Missouri as an authorized state of travel;
   2. (B) A copy of the ICC certificate which authorizes the applicant to provide regular route transportation of passengers in intrastate commerce over its authorized interstate routes within Missouri; and
   3. (C) The carrier's time schedule for the intrastate passenger transportation service, as required under 4 CSR 265-10.050(11).
7. (6) Interpretation of Trucking Industry Regulatory Reform Act (T.I.R.R.A.)—The provisions of Section 211, Title II, of the Trucking Industry Regulatory Reform Act of 1994 (H.R. 2178, 103d Congress, 2d Session) (49 U.S.C. section 10936) preempt the requirements of state laws and regulations relating to intrastate fares for the transportation of passengers by bus, by an interstate motor carrier of passengers, over a route authorized by the
8. ICC. Because of this federal preemption, the division will no longer require the filing of rate tariffs for the transportation of passengers in Missouri intrastate commerce by ICC- authorized interstate bus operators, over routes authorized by the ICC. This preemption of intrastate rate and tariff requirements for such carriers does not relieve any carrier from the requirements of obtaining intrastate operating authority under section 49 U.S.C. section 10922(c)(2) or section 390.051.1., et seq., RSMo.

9. (7) Transfer of an Interstate Permit—Applications to transfer ownership of an interstate permit issued by this division, except as provided in a change of name under 4 CSR 265- 2.055(3)(A) and (4)(A), shall be filed as follows:

   1. (A) If the interstate permit to be transferred registers interstate operations within this state as authorized by the Interstate Commerce Commission (ICC), the transfer or shall notify the registration state to cancel its interstate registration, and the transferee shall file completed documents to register the transferred interstate operating authority in the registration state like all new registrants. The registration receipts of the transfer or shall be reissued in accordance with the SSRS Procedures Manual;
   2. (B) If the interstate permit to be transferred registers interstate operations that are exempt from ICC regulation, an original Uniform Application for Registration of Interstate Operations Exempt from Economic Jurisdiction of ICC (Form A-1) (see 4 CSR 265- 2.055), clearly marked in the upper righthand corner with the word Transfer and the carrier’s interstate permit number assigned by the division; and
   3. (C) Division 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. Division staff may file, together with any recommendation or motion in the case, a proposed certificate or permit for the transferee and, if the transfer or is to retain any authority from the division after the transfer, a proposed certificate or permit for the transfer or also, setting forth the proposed authority as if the proposed transfer were approved by the division. In setting forth the proposed operating authority, division staff shall apply the principles of merger with reference to duplicated or overlapping authority as provided in 4 CSR 265-2.190 and, in accordance with those principles, may edit or modify the authority to delete extra pieces of authority that are deemed to be merged and no longer effective as separate pieces of authority, or to correct spelling, typographical, grammatical or format errors not altering the substance of the authority. Division staff shall serve copies of the proposed certificate(s) or permit(s) upon both the transfer or and the transferee. If neither of the applicants objects to the proposed certificate(s) or permit(s) before the effective date of the order of transfer, then their objections, if any, shall be waived and the division may issue the resulting certificate(s) or permit(s) as proposed by division staff, unless otherwise ordered by the administrative law judge. The administrative law judge shall determine any timely-filed objections to division staff’s proposed certificate(s) or permit(s).
10. (8) Hearing—The division, at its discretion, in specific cases, may require an application made under this rule to be set for hearing. 4 CSR 265-2

11. (9) Form of Applications—The following requirements also apply to motor carrier applications under this rule:

    1. (A) Photocopied Forms, Original Signa - tures—Photocopies of the prescribed application and exhibit forms may be filed in lieu of the printed forms, if they are clearly legible, but the application shall include the original signature of every person whose signature is required;
    2. (B) Substitution of Exhibits—If it would be unduly burdensome for the applicant to reproduce the required information on Exhibits C, D, or E, as prescribed in this rule, then in lieu of filing the division’s prescribed exhibit form, the applicant may file the required information with the prescribed application form in a writing which plainly sets forth the same information required by the prescribed exhibit form, in the same or a similarly unambiguous format, which shall be designated by the same exhibit letter as the prescribed exhibit for which it is substituted; and
    3. (C) Additional Information—Applications may include additional, relevant information besides the forms required in this rule, but such additional information shall not unnecessarily repeat the information required by the prescribed forms.

AUTHORITY: section 622.027, RSMo 1994.* Emergency rule filed Aug. 1, 1986, effective Aug. 13, 1986, expired Oct. 23, 1986. Original rule filed July 31, 1986, effective Oct. 27, 1986. Emergency rescission filed Oct. 3, 1986, effective Oct. 23, 1986, expired Dec. 11, 1986. Amended: Filed May 17, 1989, effective Sept. 11, 1989. 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 rescission and rule filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Rescinded and readopted: Filed Aug. 3, 1995, effective Feb. 25, 1996.

*Original authority: 622.027, RSMo: 1985.