PURPOSE: This rule prescribes the requirements and procedures for the licensing of vehicles operated on public highways in interstate or intrastate commerce within the jurisdiction of the division.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) No motor carrier shall operate any motor vehicle on the public highways in Missouri intrastate or interstate commerce under any property carrier registration, certificate or permit issued by the Missouri Highways and Transportation Commission, unless the vehicle is accompanied by a valid regulatory license which shall be carried or displayed on the vehicle in compliance with this rule. As used in this rule, the terms “regulatory license” and “license” include a license sticker (decal), license stamp, or registration receipt issued in compliance with this rule. Except as otherwise provided in this rule or the Single State Registration System (SSRS) Procedures Manual, prepared by the National Conference of State Transportation Specialists, and published by the National Association of Regulatory Utility Commissioners, 1101 Vermont Avenue, N.W., Washington, DC 20005, (revised June 16, 2004), which is incorporated by reference in this rule and which does not incorporate any subsequent amendments, the following requirements are applicable to all regulatory licenses, license fees and motor carriers within the jurisdiction of the commission:

   1. (A) The mere presence of a regulatory license on a vehicle gives no authority to any person to operate as a motor carrier;

   2. (B) Every application to the commission for the issuance of regulatory licenses shall be accompanied by payment in conformity with the requirements of subsection (I) of this section, in the amount of the required regulatory license fees, which shall be as follows:

      1. 1. Annual license fee for each motor

vehicle operated by a motor carrier on the public highways in Missouri, whether in intrastate commerce or interstate commerce, shall be ten dollars ($10); and

1. 2. Seventy-two (72)-hour license fee for

each motor vehicle operated by a motor carrier on the public highways in Missouri, either in intrastate commerce, or in interstate commerce transporting property or passengers exempt from the economic jurisdiction of the Federal Motor Carrier Safety Administration (FMCSA), shall be five dollars ($5);

1. (C) When a motor carrier has paid the annual regulatory license fee for a motor vehicle used in interstate commerce and displays or carries the proper regulatory license as required, and the carrier uses the vehicle in interstate commerce transporting property or passengers exempt from FMCSA economic jurisdiction, or in intrastate commerce, the provisions of this rule shall not require any additional payment or form of regulatory license;
2. (D) The commission shall issue regulatory licenses under this rule only to motor carriers authorized under valid property carrier registration, certificates or permits issued by this commission, to motor carriers who have registered their Interstate Commerce Commission (ICC) or FMCSA authority in compliance with the SSRS Procedures Manual, or to authorized employees or agents acting on behalf of these motor carriers. The motor carrier to whom these licenses are issued may use them as required in this rule for any motor vehicle operated under the carrier’s property carrier registration, certificate or permit. However, the licenses shall not be transferable to any person or carrier other than the motor carrier’s own employees, agents, or persons operating vehicles leased to or from the motor carrier in compliance with 7 CSR 265-10.040, except that after a motor carrier has paid the required regulatory license fee and has attached a valid license sticker to a particular vehicle as provided in this rule, that license shall remain with the vehicle, and no motor carrier shall be required to pay another regulatory license fee for the use of that vehicle for that license year, unless the motor carrier elects to remove the license in conformity with the provisions of subsection (4)(C) of this rule;
3. (E) The commission may replace license stickers, stamps or registration receipts which the carrier claims have been lost, stolen, damaged, destroyed, or removed from the vehicle to which it was affixed, upon receipt of a verified statement of the motor carrier or its authorized representative, declaring in detail the facts and circumstances under which the license sticker, stamp or registration receipt was lost, stolen, damaged or destroyed, or declaring that the motor carrier has removed the license sticker from a motor vehicle which is to be permanently removed from service under the carrier’s authority. The commission may waive the license fee for a replacement sticker, stamp or registration receipt where a refusal to do so would result in manifest injustice to the carrier. The motor carrier may use the form of Verified Statement for Free Replacement of Regulatory License Sticker or Stamp, published by the Missouri Department of Transportation, Motor Carrier Services Division, 1320 Creek Trail Drive, Jefferson City, MO 65109 (July 2002), which is incorporated by reference in this rule. The referenced form does not include any later amendments or additions. The commission shall waive the fee for the replacement sticker if the carrier removed the original sticker because the vehicle was permanently removed from service, and the carrier has submitted along with the verified statement the remnants of the removed sticker, including that portion on which the serial number is imprinted. Registration receipts issued in compliance with section (2) of this rule shall not be replaced except as provided in the SSRS Procedures Manual;
4. (F) The commission shall not pay any refunds of regulatory license fees for unused license stickers, stamps or registration receipts. Motor carriers should request only the regulatory licenses needed for their actual operations;
5. (G) All regulatory licenses issued by the commission, including license stickers (decals), license stamps and registration receipts, shall be effective from January 1 through December 31 of the year for which they are issued, and shall expire at 12:01 A.M. on the first day of January in the next year succeeding the year for which they were issued.
6. (H) Registration receipts, license stickers, license stamps and cab cards accompanying any vehicle shall be exhibited by the driver, on demand, to any authorized commission personnel, officers of the Missouri State Highway Patrol, or other law enforcement officers; and

7. (I) Payment of all required regulatory license fees shall be tendered to this commission in the form of a certified check, money order or other guaranteed funds, payable to the Director of Revenue. However, in the discretion of the commission, a personal or company check, electronic funds transfer, or other negotiable instrument may be accepted by the commission as payment of the regulatory license fees, and if accepted it shall be subject to the following conditions:

   1. 1. Every check, negotiable instrument

or electronic funds transfer shall be made payable to the Director of Revenue;

1. 2. By tendering payment in the form of a

check or other negotiable instrument, the applicant or motor carrier gives its “Implied Consent” that the division may, at any time, request information from the financial institution on which the check or negotiable instrument was drawn (drawee), and the applicant/motor carrier “Further Consents” that the drawee institution may provide the commission with additional information, including financial information concerning the applicant/motor carrier, or the financial institution, or both, sufficient to satisfy the commission that the negotiable instrument will, in fact, be paid in due course by the drawee institution;

1. 3. Receipt or deposit of any check or

other negotiable instrument by the commission, or by any other agency or official of the state of Missouri, shall not be deemed as payment of the instrument, but only payment in fact of the full face amount of the instrument by the drawee, in due course, shall constitute payment thereof; and

1. 4. If actual payment of a check or other

negotiable instrument received by the commission from an applicant or motor carrier for any regulatory license fee is declined or refused by the drawee financial institution, then the commission may immediately suspend every property carrier registration, certificate and permit issued to that applicant, in accordance with the commission’s applicable procedures for suspension. Until the property carrier registration, certificate or permit is reinstated by order of the commission, any further operation by the applicant or motor carrier of any motor vehicle bearing a regulatory license issued by this commission upon the public highways in this state shall be an unlawful use of that regulatory license in violation of this rule. The commission’s chief counsel may prosecute a complaint or other action as provided by law, to recover the amount of the unpaid instrument, together with a civil penalty and interest thereon, or to obtain an injunction or mandamus to prohibit the unlawful use of the license or receipt, or both.

1. (2) Except as provided in subsection (1)(C) or section (7), motor carriers engaged in interstate transportation in Missouri under authority issued by the ICC or FMCSA shall pay the annual regulatory license fee for each vehicle operated within Missouri under that authority. The fees shall be paid to the registration state in which the carrier registers its ICC or FMCSA authority as required in the SSRS Procedures Manual before the vehicles begin operating within Missouri. The required regulatory license for these vehicles shall be a true copy of the registration receipt issued by the registration state, showing that the carrier has paid the required Missouri annual license fees, which shall be carried in each vehicle while operating under ICC or FMCSA authority in this state.

2. (3) Except as provided in subsection (1)(C), every motor carrier operating in intrastate commerce, or interstate commerce transporting property or passengers exempt from FMCSA economic jurisdiction, or both, under a property carrier registration, certificate or permit issued by this commission, shall apply to the commission for the issuance of regulatory licenses no earlier than the first day of August, for each motor vehicle which it intends to operate on the public highways in Missouri during the ensuing year. Applications for these annual licenses shall be in writing and shall contain the following information:

   1. (A) Name and address of applicant;
   2. (B) If any applicant is an individual, that individual’s Social Security number;
   3. (C) The property carrier registration, certificate or permit number issued to applicant by this commission; and
   4. (D) The number of license stamps or stickers desired.

3. (4) Except as provided in subsection (1)(C), motor carriers shall display on each motor vehicle operated in intrastate commerce an annual license in the form of a license sticker (decal) issued by this commission.

   1. (A) The motor carrier may attach the sticker to any vehicle operated under its property carrier registration certificate or permit, irrespective of who owns the vehicle. The motor carrier shall display the sticker on the upper outside portion of the right-hand door of the power unit, as near the center as practicable, except as follows:

      1. 1. If a motor carrier elects to license the

trailer of a tractor-trailer combination, it shall display the sticker on the right side of the 7 CSR 265-10

trailer near the front end, and at a sufficient height to avoid obliteration by mud, dirt or similar causes; and

1. 2. If a motor carrier operates a passen-

ger-carrying vehicle having twelve (12) passengers or less capacity, it may display the sticker on the passenger side of the windshield in the lower corner;

1. (B) The sticker shall be securely fastened to a permanent part of the vehicle. Any sticker which is affixed to any removable device upon the vehicle, or which has been altered or reinforced with tape, paper or cardboard or any other substances, shall be deemed void and any vehicle bearing a sticker in this condition will not be considered licensed, except that this shall not prohibit the application of a clear shellac or similar substance to the sticker after it has been securely affixed to the vehicle. A returned license sticker shall not be replaced by the commission if it appears that it was attached with any removable device, or has been altered or reinforced other than as allowed in this subsection.
2. (C) After a motor carrier has paid the required regulatory license fee and has attached a valid license sticker to a particular vehicle as provided in this rule, if that vehicle is to be sold, assigned or otherwise transferred to another owner, then the transferor may leave the license sticker affixed to the vehicle when it is sold, assigned or transferred, and while the sticker remains affixed to that vehicle no motor carrier shall be required to pay another regulatory license fee for the use of that vehicle for that license year. In the alternative, the transferor may elect to remove the sticker from the vehicle to be transferred, taking care to preserve that portion of the sticker on which the serial number was imprinted. The transferor may then return the removed sticker to the commission, along with an affidavit explaining the facts and circumstances in conformity with the provisions of subsection (E) of section (1) of this rule, and the commission shall waive the license fee and issue a replacement license sticker to the carrier.

1. (5) Except as provided in subsection (1)(C), motor carriers shall carry on each motor vehicle operated in Missouri interstate commerce transporting property or passengers exempt from FMCSA economic jurisdiction an annual license in the form of a license stamp issued by this commission. These stamps shall be issued and displayed as follows:

   1. (A) Upon the filing of the required application, and payment by a qualified applicant of the required annual license fee in conformity with the payment requirements of subsection (1)(I) of this rule, the commission shall issue a license stamp which shall be permanently attached to a Form D-1—Uniform Cab Card which shall be carried in the licensed vehicle. The Form D-1 Uniform Identification Cab Card for Vehicle or Driveway Operation Exempt from ICC Regulation, published by the National Association of Regulatory Utility Commissioners, 1101 Vermont Avenue, N.W., Washington, DC 20005 (May 1968), which is incorporated by reference in this rule. The referenced form does not include any later amendments or additions;
   2. (B) Each motor carrier shall apply to the National Association of Regulatory Utility Commissioners for the issuance of a sufficient supply of Form D-1—Uniform Cab Cards for use with the vehicles which it intends to license and operate, or driveaway operations which it intends to conduct, within Missouri during the ensuing year;
   3. (C) Before operating a vehicle in Missouri, each motor carrier shall permanently attach one (1) license stamp to the back of the Form D-1—Uniform Cab Card in the square bearing the name of this state. The motor carrier shall complete and execute the form printed on the front of the Uniform Cab Card so as to identify itself and the vehicle;
   4. (D) The motor carrier shall keep the completed cab card in the cab of the vehicle for which it was prepared whenever the vehicle is operated under the motor carrier’s authority in Missouri. In the case of a driveaway operation, the motor carrier shall keep the cab card in the cab of the vehicle furnishing the motive power for the driveaway operations;
   5. (E) A typewriter or indelible ink shall be used in entering information in the blank spaces on a cab card. Any erasure or improper alteration of a cab card shall render it void. If a cab card is lost or destroyed, the motor carrier shall apply for a new license stamp and shall pay with the application the same fee prescribed for the original issuance of the cab card. If a new license stamp is issued by the commission, the carrier shall prepare a new cab card and shall attach the new stamp to it as provided in this section; and

   6. (F) A motor carrier discontinuing the use of a vehicle, for which a cab card has been prepared, shall nullify the cab card at the time of the discontinuance; except that if the carrier provides a newly acquired vehicle in substitution, and retains possession of the cab card, each identification stamp and number on the cab card for the discontinued vehicle may be transferred to the substitute vehicle by compliance with the following procedures:

      1. 1. The motor carrier shall complete and

execute the certificate on the front of a new cab card to identify itself and the substitute vehicle, and shall enter the appropriate expiration date in the space provided below the certificate;

1. 2. The motor carrier shall indicate when

it terminated use of the discontinued vehicle by entering that date in the space provided for an early expiration date, which appears below the certificate of the cab card prepared for the vehicle; and

1. 3. The motor carrier shall attach the cab

card prepared for the substitute vehicle to the front of the cab card prepared for the discontinued vehicle, by permanently attaching the upper left-hand corners of both cards together to permit inspection of the contents of both cards. Each identification stamp or number appearing on the back of the card prepared for the discontinued vehicle shall then be deemed to apply to the operation of the substitute vehicle.

1. (6) A seventy-two (72)-hour license will be issued by the commission or at any state weigh station to a motor carrier authorized to operate in intrastate commerce, or in interstate commerce transporting property or passengers which are exempt from the economic jurisdiction of the FMCSA, upon request, for use in case of emergency, temporary, unusual or peak demand for transportation. Applications for seventy-two (72)-hour licenses shall show the correct name, address and the certificate or permit number of the applicant. The application shall state the number of the licenses desired and shall be accompanied by payment of the required regulatory license fee in conformity with the payment requirements of subsection (1)(I) of this rule.

   1. (A) Each license issued will show the name of the purchasing carrier and its property carrier registration, certificate or permit number and the license may be used only on vehicles operated under authority of the property carrier registration, certificate or permit of the purchaser. In order to validate the license, the carrier licensing the vehicle must insert in the provided spaces, in ink or with a typewriter, the make, serial number and state license number of the vehicle; the year, month, day and hour the equipment to be licensed is put into movement within this state. Any license not properly validated that is lacking the required data or which has been altered, mutilated, erased or changed in any way shall not be valid, and any vehicle bearing the altered or mutilated license shall be deemed to be improperly licensed.
   2. (B) Upon compliance with this section by the motor carrier, and at the carrier’s request and expense, the commission will transmit seventy-two (72)-hour licenses by telephone facsimile transmission.

2. (7) Any motor vehicle, trailer or semi-trailer operated by a nonresident motor carrier under proper interstate permits issued by this commission, or under ICC or FMCSA interstate authority which has been registered in the carrier’s registration state as required by the SSRS Procedures Manual, may traverse the highways of this state in interstate commerce without being accompanied by a license issued by this commission, if the vehicle is fully licensed and the motor carrier has paid full regulatory fees applicable to the vehicle in the state of residence of the motor carrier and the state of residence has entered into a contract with this state by which like reciprocal privileges are extended by that state to resident motor carriers of this state. Any vehicle operated on Missouri highways in interstate commerce by a nonresident carrier pursuant to a reciprocal agreement with its state of residence shall be accompanied by evidence of qualification as required by its state of residence.

   1. (A) Motor carriers shall follow the procedures provided in the SSRS Procedures Manual on reciprocal exemptions from regulatory license fees relating to vehicles used in interstate commerce as authorized by the ICC or FMCSA.
   2. (B) In lieu of issuing the license stamp for vehicles used in interstate commerce which is exempt from the economic jurisdiction of FMCSA, if the motor carrier meets all qualifications required by its state of residence, the motor vehicle operator shall show the number of the permit issued to it by this commission in the square bearing the name of this state on the back of the Uniform Cab Card, and the Uniform Cab Card shall be carried on the vehicle as the regulatory license.

AUTHORITY: sections 390.041(1), 390.138 and 622.027, RSMo 2000 and 226.008 and 390.136, RSMo Supp. 2004.* This rule originally filed as 4 CSR 265-10.020. 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 Sept. 21, 1988, effective Oct. 1, 1988, expired Jan. 28, 1989. Amended: Filed Oct. 17, 1988, effective Dec. 29, 1988. Amended: Filed May 17, 1989, effective Sept. 11, 1989. Amended: Filed May 2, 1991, effective Dec. 9, 1991. 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. Emergency amendment filed Aug. 19, 1996, effective Aug. 29, 1996, expired Feb. 24, 1997. Amended: Filed June 22, 1998, effective Feb. 28, 1999. Moved to 7 CSR 265-10.020, effective July 11, 2002. Emergency amendment filed Aug. 15, 2005, effective Aug. 26, 2005, expired Feb. 23, 2006. Amended: Filed Aug. 15, 2005, effective Feb. 28, 2006.

*Original authority: 226.008, RSMo 2002; 390.041, RSMo 1939, amended 1951, 1984, 1986, 1988; 390.136, RSMo 1939, amended 1951, 1969, 1975, 1984, 1986, 1988, 2004; 390.138, RSMo 1955, amended 1986; and 622.027, RSMo 1985, amended 1993, 1995.