PURPOSE: This rule prescribes the form and governs the construction and filing of passenger tariffs of railroad corporations, street railroad corporations, motor carriers and contract haulers.

Editor's Note: The following material is incorporated into this rule by reference: 1) Federal Aviation Administration Authorization Act of 1994 (H.R. 2739, 103d Congress, 2d Session) (49 U.S.C. sections 11501(h) and 41713(b)). (Washington: U.S. Government Printing Office, 1994); 2) “General Order No. 35” (Jefferson City: Missouri Public Service Commission, 1941); 3) Trucking Industry Regulatory Reform Act of 1994 (H.R. 2178, 103d Congress, 2d session) (49 U.S. Code section 10936) (Washington: U.S. Government Printing Office, 1994); and 4) 49 U.S. Code section 10922 (c)(2) (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 division adopts “General Order No. 35” of the Missouri Public Service Commission, also known as Circular No. 43, prescribing the form and governing the construction and filing of passenger fare schedules by all common carriers which became effective September 1, 1941. Subject to sections (3) and (4), every motor carrier under the jurisdiction of the Division of Transportation is directed to file with the division and print and keep open for public inspection in every station or office in this state where passengers are received for transportation, schedules showing the rates, fares and charges for the transportation of persons within this state.
2. (2) The rules contain instructions on the form and content of passenger tariffs, rules governing baggage, tickets, fares, the requirements for filing and changes in tariffs and the responsibilities of carriers under the tariffs as well as other rules on passenger tariffs.
3. (3) The division has interpreted 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) as preempting 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 Interstate Commerce Commission (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 these carriers does not relieve any carrier from the requirements of obtaining intrastate operating authority under 49 U.S.C. section 10922(c)(2) and section 390.051.1., et seq., RSMo.
4. (4) The division has interpreted the provisions of Section 601, Title VI, of the Federal Aviation Administration Authorization Act of 1994 (H.R. 2739, 103d Congress, 2d Session) (49 U.S.C. sections 11501(h) and 41713(b)) as preempting the requirements of state laws and regulations relating to the prices, routes or services of intrastate transportation of property by motor carriers of passengers.

AUTHORITY: section 622.027, RSMo (1994).* Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. 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.