PURPOSE: This rule implements the provisions of sections 386.320 and 390.150.4, RSMo, which subject the books, records, documents, papers, property, equipment, buildings and offices of persons and corporations regulated by the division to inspection by the division’s representatives at any time, and the provisions of sections 304.022 and 390.045, 7 CSR 265-10

which authorize the division’s enforcement personnel to stop commercial motor vehicles and obtain information to determine whether the vehicle is operated in violation of Chapter 390, RSMo, or the division’s rules.

1. (1) Under sections 386.320, 387.310 and 390.150.4, RSMo, division personnel are authorized to inspect and copy all books, records, documents and papers of motor carriers and their affiliates, entities under common control, and other related parties, at any time, and are further empowered to enter in and upon and to inspect the property, equipment, buildings and offices of all motor carriers and express, freight or freightline companies. Division personnel shall notify a person or corporation before beginning to inspect their books, records, documents, papers, property, equipment, buildings or offices. Division personnel may give the notice of inspection orally or in writing, in advance or immediately before beginning the inspection, and shall display official identification if requested to do so by the person or corporation to be inspected. Persons and corporations subject to inspection under section 386.320 or 390.150.4, RSMo, shall not fail or refuse to allow inspection and copying after receiving notification as provided in this section.
2. (2) Division personnel may use copying equipment offered by the motor carrier or related party, copying equipment provided by the division and commercially available copying services to copy documents pursuant to their inspections. The motor carrier or related party shall allow reasonable access by division personnel to available electrical outlets to operate copying, calculating and other equipment brought by division personnel for use in connection with the inspection and copying. Division personnel, with the permission of the person or corporation may take custody of any books, papers, documents and records for purposes of performing the requested inspection, copying and other activities reasonably incidental to those activities, and will return them to the person or corporation promptly after that.
3. (3) Every person operating a commercial motor vehicle shall comply with the applicable requirements of sections 304.022 and 390.045, RSMo concerning stop and detention by the enforcement personnel of the division. The operator of the commercial motor vehicle shall remain stopped so long as it is lawfully detained by the enforcement personnel, and shall not leave the scene or remove the commercial motor vehicle until the enforcement personnel gives permission to do so. During the stop and detention, the operator shall cooperate with the enforcement personnel by complying with all reasonable instructions given by the enforcement personnel in relation to the stop and detention, giving all relevant information requested and producing all books, papers, documents and records, as required by law or by the rules or orders of the division.

AUTHORITY: section 622.027, RSMo 1994.* This rule was previously filed as 4 CSR 265- 10.055 and 4 CSR 265-10.060. Original rule filed May 17, 1989, effective Sept. 11, 1989. 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 265-10.060, effective July 11, 2002.

*Original authority: 622.027, RSMo 1985, amended 1993, 1995.