PURPOSE: This rule sets forth the requirements that applications to the commission requesting an intrastate motor carrier certificate or permit must meet. 7 CSR 265-10

Editor’s Note: The following material is incorporated into this rule by reference: 1) 49 U. S. Code, section 1614 (Wash - ington: United States Government Print ing Office, 1993); and 2) Notice Register of Motor Carrier Cases. In accordance with section 536.031(4), RSMo, the full text of material incorporated by refer ence 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) Applicability—Every application for the issuance or transfer of a common carrier certificate under 390.051, RSMo, a contract carrier permit under section 390.061, RSMo, or both, or for the issuance of temporary authority under section 390.081, RSMo, which authorizes the transportation of passengers or property on the public highways in Missouri intrastate commerce shall be filed in conformity with the requirements of this rule and other rules of the commission whenever applicable.
2. (2) Prescribed Application Forms—The applicant shall complete and file an application form, including all exhibits required by the application form, which is adopted by the commission and prescribed as follows: Form MO-1, Application to Operate in Intrastate Commerce, which is incorporated herein by reference and made a part of this rule as published by the Missouri Highways and Transportation Commission, Motor Carrier Services Division, 1320 Creek Trail Drive, Jefferson City, MO 65102, effective September 2007, shall be filed for applications under sections 390.051, 390.061, 390.063, 390.081, 390.111, 390.270 and 390.290, RSMo, for the issuance or transfer of a certificate, permit or property carrier registration which authorizes for-hire operations as a motor carrier in intrastate commerce, and applications for the enlargement of such a certificate, permit or property carrier registration to authorize the transportation of additional passengers or property. This rule does not incorporate any subsequent amendments or additions of this form.
3. (3) Verification—The application shall be completed and verified by the applicant, or by an authorized representative of the applicant under oath or penalty of perjury, and if the application involves the transfer of a certifi cate or permit or both, the transferor’s state ment shall also be completed and verified by the transferor, or by an authorized representa tive of the transferor under oath or penalty of perjury. All verifications shall be made upon personal knowledge, or reasonable informa tion 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) Required Documentation—The application shall not be accepted for filing with the commission until the commission has received the following required documentation:

   1. (A) Completed Application Form and Exhibits—The completed application form prescribed by section (2), including any exhibits required by the application form, which shall be verified as required by section (3), and signed as required by section (5) of this rule;

   2. (B) Liability Insurance Coverage—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 commission only in accordance with the requirements of 7 CSR 265- 10.030; or in the alternative, notice that the applicant has been approved for self-insurance by order of this commission, in accordance with the requirements of section 390.126.1., RSMo, and commission rules 7 CSR 265-10.030 and 4 CSR 265-2.068.

      1. 1. Exception—Household Goods and

Passengers Other Than in Charter Service. Applications for a certificate or permit which authorizes the intrastate transportation of household goods, or passengers other than in charter service (EXCEPT applications by not for profit corporations under section 390.063, RSMo), may be filed without the documentation required by subsection (4)(B), but the commission shall not issue the requested certificate or permit until the commission has received, approved and filed the documents required by this subsection. Fax copies of the insurance certificate or bond shall be accepted by the commission only in conformity with the requirements under 7 CSR 265-10.030(3);

1. (C) Vehicle Licensing and Fees—The application shall include the number and type of vehicle licenses requested by the applicant for each motor vehicle to be operated in Missouri intrastate commerce under the requested operating authority during the current license year. Payment of all license fees payable under section 390.136, RSMo shall be received before the commission issues the operating authority.

   1. 1. Exception—Not for Profit Corpora-

tions, Passengers Other Than in Charter Service—Subsection (4)(C) shall not apply to applications properly filed by a not for profit corporation;

1. (D) Corporate Standing—If the applicant is a corporation or limited liability partnership, confirmation that the applicant is properly incorporated or registered and in good standing with the Office of the Missouri Secretary of State shall be required. The commission has established a computer link by which to verify an applicant’s corporate standing with the Office of the Missouri Secretary of State, but the commission may require an applicant to file written evidence of its incorporation, registration or good standing whenever deemed necessary by the commission; and
2. (E) Fictitious Name Registration—If the applicant operates as a motor carrier under any trade name or fictitious name, confirmation that the applicant has properly registered its fictitious name as required by law with the Office of the Missouri Secretary of State shall be required. The commission has established a computer link by which to verify an applicant’s registration of fictitious names with the Office of the Missouri Secretary of State, but the commission may require an applicant to file written evidence of the proper registration of its fictitious name whenever deemed necessary by the commission.

1. (5) Form of Applications—The following requirements also apply to motor carrier applications for operating authority under this rule:

   1. (A) Photocopied Forms, Original Signatures, Electronic Filings—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 one (1) original signature of every person whose signature is required. The commission may also accept or reject an application for filing by electronic mail (email), or other approved electronic media, in conformity with section (2) of this rule. An operating authority application and supporting documentation filed with the commission pursuant to this rule through the format of photocopies, facsimile (FAX) copies, or other approved electronic means shall have the same legal rights, duties and liabilities attached to such documents as if they were signed originals;
   2. (B) Substitution of Exhibits—If it would be unduly burdensome for the applicant to reproduce the required information as exhibits to the application form, then in lieu of filing the commission’s prescribed exhibit form, the applicant may file the required information 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—Appli ca tions may include additional, relevant information besides the forms required in this rule, but such additional information shall not unneces sarily repeat the information required by the prescribed forms.

2. (6) Applicable Standards, Generally—Except as otherwise provided in subsections (6)(A)–(E), the commission shall grant the application if it determines on the basis of the information filed by the applicant, evidence submitted by the commission staff, and any other information received by the commission and filed in the case, that the applicant is in compliance with the applicable safety and insurance requirements, and is willing to properly perform the service of a motor carrier of property or passengers, and to conform to the applicable provisions of Chapter 390, RSMo, and the requirements of the commission established thereunder.

   1. (A) Exception—Charter Service—Whenever the application seeks the issuance of a certificate or permit which authorizes the intrastate transportation of passengers in charter service as a common carrier or contract carrier, the commission shall also make findings as required by subsection 3 of section 390.051, RSMo, or subsection 3 of section 390.061, RSMo, and shall not grant the application unless it finds that the applicant is fit, willing and able to properly perform the service proposed, and to conform to the provisions of Chapter 390, RSMo, and the rules and orders of the commission.
   2. (B) Exception—Household Goods or Passengers Other Than in Charter Service, Common Carriers—Whenever the application seeks the issuance of a certificate which authorizes the intrastate transportation of household goods, or passengers other than in charter service (other than a passenger application under section 390.063, RSMo) as a common carrier, the commission shall also make findings as required by subsections 4 and 5 of section 390.051, RSMo, and shall not grant the application unless it finds that the applicant is fit, willing and able to properly perform the service proposed, and to conform to the provisions of Chapter 390, RSMo, and the rules and orders of the commission, and that the service proposed will serve a useful present or future public purpose; but the commission shall not grant that application if it finds on the basis of evidence presented by persons objecting to the issuance of a certificate that the transportation to be authorized by the requested certificate will be inconsistent with the public convenience and necessity.
   3. (C) Exception—Household Goods or Passengers Other than in Charter Service, Contract Carriers—Whenever the application seeks the issuance of a permit which authorizes the intrastate transportation of household goods, or passengers other than in charter service (other than a passenger application under section 390.063, RSMo) as a contract carrier, the commission shall also make findings as required by subsection 4 of section 390.061, RSMo, and shall not grant the application unless it finds that the applicant is fit, willing and able to properly perform the service proposed, and to conform to the provisions of Chapter 390, RSMo, and the rules and orders of the commission, and that the service proposed will serve a useful present or future purpose; but the commission shall not grant that application if it finds on the basis the issuance of a permit that the transportation to be authorized by the requested permit will be inconsistent with the public convenience and necessity.
   4. (D) Exception—Not For Profit Corporations, Passengers Other Than In Charter Service—Whenever the application seeks the issuance of a certificate or permit which authorizes a not for profit corporation to perform the intrastate transportation of passengers other than in charter service exclusively as provided in section 390.063, RSMo, as a common carrier or contract carrier, the commission shall also make findings as required by subsection 3 of section 390.063, RSMo, and shall not grant the application unless it finds that the applicant is willing and able to properly perform the service proposed, and to conform to the provisions of Chapter 390, RSMo, and the rules and orders of the commission.
   5. (E) Exception—Temporary Authority— Whenever the application seeks the issuance of temporary authority which authorizes the intrastate transportation of household goods or passengers as a common carrier or contract carrier, under section 390.081, RSMo, the commission shall not grant the application unless it finds that there is an urgent and immediate need for the proposed motor carrier service from, to or between a point or points or within a territory having no carrier service deemed capable of meeting such need.

3. (7) Hearings, Generally—Except as otherwise provided in subsections (7)(A) and (B), if the commission determines that the applicant is qualified, the application shall be granted by the commission. If the commission determines that the information on record concerning the applicant’s qualifications is not adequate to finally determine the application, the commission staff may investigate the applicant’s qualifications more thoroughly before the commission makes a final determination of the application. If the commission or the commission staff opposes granting the application, the commission shall deny the application by notice to the applicant and the applicant may then apply to the Administrative Hearing Commission to conduct a hearing to determine the merits of the application and the Administrative Hearing Commission shall make the final determination whether to grant the operating authority requested by the applicant.

   1. (A) Exception—Household Goods or Passengers Other Than in Charter Service— Whenever the application seeks the issuance of a certificate or permit which authorizes the intrastate transportation of household goods, or passengers other than in charter service (except a passenger application by a not for profit corporation under section 390.063, RSMo) as a common carrier or contract carrier, the commission shall publish notice of that application in the Notice Register of Motor Carrier Cases and any interested motor carrier that transports household goods in intrastate commerce or passengers other than in charter service shall have the right to intervene and request a hearing before the Administrative Hearing Commission. The Administrative Hearing Commission shall make the final determination whether to grant the operating authority requested by the applicant.
   2. (B) Exception—Temporary Authority— Whenever the application seeks the issuance of temporary authority which authorizes the intrastate transportation of household goods or passengers as a common carrier or contract carrier, under section 390.081, RSMo, the commission shall determine the application without a hearing or other proceeding.
4. (8) Transfers—Commission 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. Commission staff may file, together with any recommendation or motion in the case, a proposed certificate or permit for the transferee and, if the transferor is to retain any authority from the commission after the 7 CSR 265-10

transfer, a proposed certificate or permit for the transferor also, setting forth the proposed authority as if the proposed transfer were approved by the commission. In setting forth the proposed operating authority, commission 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. Commission staff shall serve copies of the proposed certificate(s) or permit(s) upon both the transferor 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 commission may issue the resulting certificate(s) or permit(s) as proposed by commission staff, unless otherwise ordered by the commission. If any objections are timely-filed to commission staff’s proposed certificate(s) or permit(s), the application will be sent to the Administrative Hearing Commission for a hearing and final determination.

AUTHORITY: section 622.027, RSMo 2000 and section 226.008, RSMo Supp. 2007.* This rule originally filed as 4 CSR 265- 2.060. Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Emergency amendment filed Aug. 1, 1986, effective Aug. 13, 1986, expired Oct. 27, 1986. Amended: Filed July 31, 1986, effective Oct. 27, 1986. Emergency rescission filed Oct. 3, 1986, effective Oct. 23, 1986, expired Dec. 11, 1986. Amended: Filed Nov. 2, 1987, effective Feb. 11, 1988. Emergency amendment filed Sept. 21, 1988, effective Oct. 1, 1988, expired Dec. 29, 1988. Amended: Filed Oct. 17, 1988, effective Dec. 29, 1988. Amended: Filed May 17, 1989, effective Sept. 11, 1989. Emergency amendment filed Nov. 4, 1992, effective Nov. 14, 1992, expired March 13, 1993. Emergency amendment filed March 3, 1993, effective March 13, 1993, expired July 10, 1993. 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. Emer gency rule and rescission filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Rescinded and re adopted: Filed Aug. 3, 1995, effective Feb. 25, 1996. Emergency amendment filed Aug. 16, 1996, effective Aug. 28, 1996, expired Feb. 23, 1997. Emergency amendment filed Sept. 13, 2007, effective Oct. 3, 2007, expired March 30, 2008. Moved and amended: Filed Sept. 13, 2007, effective March 30, 2008. *Original authority: 622.027, RSMo 1985, amended 1993, 1995 and 226.008, RSMo 2002.