PURPOSE: This rule prescribes certain requirements for the keeping, filing, application and interpretation of certain motor carrier documents including tariffs, c.o.d. records, bills of lading, expense or freight bills, manifests, delivery receipts, time schedules, certificates of public convenience and necessity, contract carrier permits and claim registers.

1. (1) Every common carrier, to the extent it is authorized by this division to engage in intrastate transportation of passengers or household goods between points in Missouri, shall publish and file with the division and keep for public inspection at each of its terminals, tariff schedules specifying its rates and charges and which shall—

   1. (A) Indicate definitely and clearly the scope of the carrier’s authority as granted in the certificate of convenience and necessity issued to the carrier;
   2. (B) Conform, if filed by common carriers of household goods to rules contained in 4 CSR 265-6.020 and any tariff schedule not conforming to the rules may be rejected;
   3. (C) Conform, if filed by common carriers of passengers and their baggage, to the rules contained in 4 CSR 265-6.010 and in any tariff schedule and the tariff schedules of any common carrier not conforming to the rules may be rejected; and
   4. (D) Be published and filed, if filed by common carriers of passengers or household goods to specify the initial rates and charges for service under a certificate newly acquired by original grant or transfer, with the division upon not less than one (1) day’s notice. This permission to file and publish tariff schedules, including supplements where otherwise permitted by division rules, upon less than thirty (30) days’ notice is ordered for good cause under section 387.070, RSMo to eliminate needless delays for common carriers in beginning service to the public under newly acquired authority, notwithstanding any provision of 4 CSR 265-6.010 or 4 CSR 265- 6.020 to the contrary.
2. (2) Every motor common carrier of passengers or household goods shall comply with the provisions of 4 CSR 265-10.110, with reference to joint or interline service with other carriers, and tacking its own separate routes.
3. (3) A common carrier of household goods shall collect its lawful freight charges prior to or at the time of the delivery of the shipment(s), on which the charges have accrued. This shall not be construed to prohibit any common carrier from extending credit in connection with rates and charges on freight transported for the United States, or any department, bureau or agency of the United States, or for Missouri, or any department, bureau or agency of Missouri. Upon taking precautions deemed by them to be sufficient to assure payment of the tariff charges within the credit period specified, common carriers of household goods may relinquish possession of freight in advance of the payment of the tariff charges and may extend credit in the amount of the charges to those who undertake to pay them, these persons being called shippers, for a period of fifteen (15) days, excluding Saturdays, Sundays and legal holidays. When the freight bill covering a shipment of household goods is presented to the shipper on or before the date of delivery, the credit period shall run from the first twelve o’clock midnight (12:00 a.m.) following delivery of the freight. When the freight bill is not presented to the shipper on or before the date of delivery, the credit period shall run from the first twelve o’clock midnight (12:00 a.m.) following the presentation of the freight bill. Where a common carrier of household goods has relinquished possession of freight and collected the amount of tariff charges presented by it as the total amount of the charges and another freight bill for additional freight charges is presented to the shipper, the carrier may extend credit in the amount of the additional charges for a period of thirty (30) calendar days, to be computed from the first twelve o’clock midnight (12:00 a.m.) following the presentation of the subsequently presented freight bill. Freight bills for all household goods transportation charges shall be presented to the shippers within seven (7) calendar days from the first twelve o’clock midnight (12:00 a.m.) following delivery of the freight. Shippers may elect to have their freight bills presented by means of the United States mail, and, when the mail service is so used, the time of mailing by the carrier shall be deemed to be the time of presentation of the bills. The mailing by the shipper of valid checks, drafts or money orders, which are satisfactory to the carrier, in payment of freight charges within the credit period allowed the shipper may be deemed to be the collection of the tariff rates and charges within the credit period for the purpose of this rule. In case of dispute as to any time of mailing, the postmark shall be accepted as showing the time.

4. (4) The following shall apply to the handling of cash on delivery (C.O.D.) shipments of household goods:

   1. (A) This section applies to the transportation by motor vehicle of C.O.D. shipments by all common carriers of household goods except transportation which is auxiliary to or supplemental of transportation by railroad and performed on railroad bills of lading;
   2. (B) No common carrier of household goods shall render any C.O.D. service unless the carrier has published, posted and filed tariffs which contain the rates, charges and rules governing that service, which rules shall conform to these regulations;
   3. (C) Every common carrier of household goods shall remit each C.O.D. collection directly to the consignor or other person designated by the consignor as payee promptly and within ten (10) days after delivery of the C.O.D. shipment to the consignee. If the C.O.D. shipment moved in interline service, the delivering carrier, at the time of remittance of C.O.D. collections to the consignor or payee, shall notify the originating carrier of the remittance; and

   4. (D) Every common carrier handling C.O.D. shipments of household goods as a delivery carrier shall maintain a record of all C.O.D. shipments received for delivery in a manner and form as plainly and readily will show the following information with respect to each shipment:

      1. 1. Number and date of freight bill;
      2. 2. Name and address of shipper or other

person designated as payee;

1. 3. Name and address of consignee;
2. 4. Date shipment delivered;
3. 5. Amount of C.O.D.;
4. 6. Date collected by delivering carrier;
5. 7. Date remitted to payee; and
6. 8. Check number or other identification

of remittance to payee.

1. (5) An invoice or billing statement shall be issued for each shipment of household goods transported by a common carrier. No specific form is prescribed, but this bill when presented to consignee and to consignor when charges are prepaid shall include within its written or printed terms the following information with respect to the covered shipment:

   1. (A) Name of shipper and point of origin;
   2. (B) Name of consignee and destination;
   3. (C) Date of shipment;
   4. (D) An adequate description of property transported;
   5. (E) Weight of the shipment;
   6. (F) Rate(s) charged for the service;
   7. (G) Any other charge incident to the transportation and sufficient information in connection with the charge to enable verification of the accuracy of that charge; and
   8. (H) Name of transfer point(s) and name or initial of each carrier participating in the haul when transportation is performed jointly by two (2) or more carriers.

2. (6) Every common motor carrier of passengers providing intrastate charter service shall issue an expense bill for each chartering group’s trip, containing the following information:

   1. (A) Serial number, consisting of one (1) of a series of consecutive whole numbers assigned in advance and imprinted on the bill;
   2. (B) Name of carrier;
   3. (C) Name of the chartering group for which transportation is performed and, if different, the payer for the transportation service;
   4. (D) Date(s) transportation is performed;
   5. (E) Origin, destination and general routing of trip;
   6. (F) Identification and seating capacity of each vehicle used;
   7. (G) Name of each driver transporting the group;
   8. (H) Mileage upon which charges are based, including any deadhead mileage, separately noted; and
   9. (I) The total and itemized rates and charges for the transportation, and any other charges incidental to the transportation.
3. (7) Except as otherwise provided in this rule, the driver of each vehicle operated by any common carrier of household goods shall have possession, for inspection upon demand by any law enforcement officer or authorized inspector, of a bill of lading as required under 4 CSR 265-10.080(3) for each shipment of household goods being transported listing all shipments of household goods on the vehicle.
4. (8) A copy of all expense bills, delivery receipts, and any other shipping records or passenger trip records issued by a motor carrier subject to the division’s jurisdiction, with reference to transportation by motor vehicles within Missouri, shall be kept on file in the Missouri office of the carrier issuing the shipping records for not less than two (2) years after the date of issuance of the shipping records. Each common carrier of passengers in charter service shall maintain a complete file of consecutively numbered expense bills for inspection and audit by the division.

5. (9) Every regular route common carrier of passengers shall publish, post and file time schedules in accordance with the following:

   1. (A) Time schedules shall be printed or typewritten on good quality paper size eight and one-half by eleven inches (8 1/2" × 11");

   2. (B) The title page must be made up as follows:

      1. 1. Time schedules must be numbered

consecutively beginning with number one (1) and must show the number of the time schedule, if any, cancelled thereby. The number shall be shown in the upper right-hand corner;

1. 2. Name of the passenger carrier;
2. 3. The terminals or points between

which the time schedule applies briefly stated;

1. 4. Date issued and date effective; and 7 CSR 265-10
2. 5. The name, title and address of the

official issuing the time schedule, including street address;

1. (C) The time schedule must show—

   1. 1. The time of arrival at and departure

from all terminals and the time of departure from intermediate points between terminals;

1. 2. The distance between all points

shown in the time schedule; and

1. 3. Points at which vehicles do not regu-

larly stop, except on signal or under other conditions, with proper indication of service rendered at that point. Regular rest stops must also be indicated;

1. (D) Two (2) copies of all time schedules shall be filed with the division; one (1) copy shall be posted in a conspicuous place at each station or stopping place affected; and one (1) copy shall be in the possession of the driver operating the vehicle;
2. (E) All time schedules shall be filed with the division and shall be posted at each station or stopping place as required by subsection (11)(D), at least fifteen (15) days before the date upon which they are to become effective, unless otherwise authorized by the division. In case of actual emergency or for other good cause shown, the division may permit a time schedule to be filed and posted on less than fifteen (15) days’ notice, in which case the time schedule must show on its title page, directly under the effective date, the number and date of the special authority or order of the division permitting the short notice filing and posting; and
3. (F) Time schedules received for filing too late to give the division fifteen (15) days’ notice or a shorter notice as may otherwise be authorized, or which do not refer to the number and date of the special authority or order for the short notice, will not be accepted for filing.

1. (10) Where a motor carrier of household goods is authorized to serve a city, town, municipality or village in regular route service, the authority shall include the commercial zone of the city, town, municipality or village subject to the following.

   1. (A) Where a motor carrier of household goods is authorized to serve an unincorporated community as a regular route point, those points shall include the area within two (2) miles of the point;
   2. (B) Where a motor carrier of household goods is authorized to serve regular route points designated as specific businesses, such as a grocery, filling station, cafe, or the like, plant or industrial site, highway intersections, these limited grants do not imply a commercial zone; and
   3. (C) A grant of irregular route authority to a motor carrier does not include any authority to serve any point located outside the geographic scope of that irregular route as described in the carrier’s certificate or permit. A carrier is not authorized to serve any point outside the described irregular route merely because that point is within a city, town, municipality, village, commercial zone, unincorporated community or surrounding area which includes other points that are located within the described irregular route.
2. (11) Where a highway over which a motor carrier of passengers is authorized to operate in regular route service is temporarily obstructed or rendered unsafe by flood, slides or other causes over which the carrier has no control or which highway or bridges on that highway are subject to weight restrictions by proper authority, the carrier may deviate from its designated route to the extent necessary to avoid the obstruction or restriction, but shall not provide service to, from or between any points which it is not otherwise authorized to serve.
3. (12) All intrastate transportation provided for hire by a motor carrier who is subject to the jurisdiction of the division under Chapter 390, RSMo shall be presumed to be transportation subject to the division’s jurisdiction, except when the carrier has removed or covered up all vehicle markings which display the number of the motor carrier’s certificate or permit on each vehicle while being used for exempt transportation. This requirement is deemed to be reasonably necessary to distinguish exempt activities from regulated transportation activities pursuant to the carrier’s certificate or permit.
4. (13) Every motor common carrier who receives a written claim for loss or damage to passengers or baggage transported by it shall acknowledge receipt of that claim, in writing, to the claimant within thirty (30) calendar days after the carrier receives the written claim. The carrier, at the time the claim is received, shall cause the date of receipt to be recorded on the claim and shall maintain a claim register. The carrier, within one hundred twenty (120) days after the receipt of the claim, shall tender payment, decline payment or make a firm compromise settlement offer in writing to the claimant.

AUTHORITY: section 622.027, RSMo 1994.* This rule originally filed as 4 CSR 265- 10.050. 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 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. Moved to 7 CSR 265-10.050, effective July 11, 2002. *Original authority: 622.027, RSMo 1985, amended 1993, 1995.