PURPOSE: This rule regulates advertising by certain motor carriers, in order to facilitate public recognition of unauthorized carriers, and prevents certain contract carriers from improperly holding out their transportation service to the general public.

1. (1) Every common carrier holding a certificate from this division authorizing transportation of household goods or passengers in intrastate commerce, who advertises or holds out to the general public in this state as engaging in transportation by motor vehicle of household goods or passengers in charter service, shall state in the advertisement or notice, in addition to any other information, the identifying number of that carrier’s certificate issued by this division, and the carrier’s name or trade name as stated in the certificate. This includes, but is not limited to, yellow pages telephone directory advertising.
2. (2) A contract carrier of household goods or passengers shall not hold out to the general public as being engaged in transportation of household goods or passengers by motor vehicle in intrastate commerce, except that this section shall not prohibit a contract carrier from advertising and performing transportation as a motor carrier which is exempted under section 390.030, RSMo, nor does it prohibit a contract carrier who also holds a certificate from this division authorizing transportation as a common carrier from holding out services authorized under that common carrier certificate. A carrier holding out transportation service to the general public is presumed to be engaged in transportation as a common carrier, which must be authorized by a certificate under section 390.051.1, RSMo, or exempted under section 390.030, RSMo.Whenever a contract carrier of household goods or passengers in charter service advertises or holds out intrastate transportation service to specific persons or specific groups, the carrier shall state in the advertisement or notice, in addition to any other information, the entire identifying number of the contract carrier permit issued to the carrier by this division, and the carrier’s name or trade name as stated in the permit.

AUTHORITY: section 622.027, RSMo 1994.* This rule originally filed as 4 CSR 265- 10.100. Original rule 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 265-10.100, effective July 11, 2002. *Original authority: 622.027, RSMo 1985, amended 1993, 1995.