PURPOSE: This rule will eliminate antiquated tariff requirements and implement a streamlined tariff filing process for motor carriers transporting household goods.

1. (1) Definitions. As used in this chapter the following words and terms mean:

   1. (A) Adoption notice—A formalized statement adopting a tariff or supplement when the operating authority, ownership or control of a carrier is transferred from one (1) company or entity to another or when the true name, trade name or fictitious name is changed;
   2. (B) Item—A particular provision or rate in a tariff or supplement. Each item is given an “item number;”
   3. (C) Rate—The price or charge for a motor carrier’s transportation and household goods moving-related services;
   4. (D) Section—One (1) or a series of consecutive items in the tariff, which is identified as a group;
   5. (E) Supplement—One (1) or more new pages of the tariff that contain any amendment, correction, addition or cancellation to all or part of a tariff. After a supplement is filed with the commission’s tariff office, it becomes a part of the tariff it supplements;
   6. (F) Tariff—A written schedule containing rates and related rules, regulations or other provisions published by one (1) or more motor carriers;
   7. (G) Tariff office—The office within the Missouri Department of Transportation, Motor Carrier Services Division, which is delegated by the commission to process motor carrier tariffs;
   8. (H) Tariff agent—A person, association or other entity (other than the motor carrier or its employee) authorized to publish and file rates, tariffs, supplements and provisions on behalf of a carrier; and
   9. (I) Valuation—Level of liability assumed by the motor carrier for loss or damage of household goods.
2. (2) General Requirements. All statements in a tariff or supplement shall be in clear and precise terms regarding the rates and rules as necessary to remove all doubt as to the proper application. The tariff shall contain any exceptions to the application of rates and charges. The commission reserves the right to require a tariff or any item in the tariff to be modified, corrected or reissued. Any erroneous statement of fact or of law contained in a tariff shall not be binding or controlling upon the commission, even if the commission has approved the tariff. Unless otherwise specified, the term tariff includes all current supplements to the tariff.

3. (3) Form and Size of Tariffs. Except as expressly provided otherwise, all tariffs shall conform to these requirements:

   1. (A) Tariffs shall be typed on durable paper measuring eight and one-half inches by eleven inches (8 1/2" × 11"). The type style shall be easily readable. Every tariff page shall contain a left margin of not less than one inch (1");
   2. (B) Tariffs consisting of four (4) pages or less may be permanently bound or stapled on the left margin only. Tariffs consisting of more than four (4) pages and all supplements shall not be permanently bound, but may be loose-leaf bound in the left margin only;
   3. (C) Every page including the title page shall show the tariff number in the upper left hand corner and the original or revised page number in the upper right hand corner of the page;
   4. (D) Each page shall show at the bottom of the page the date when issued, the effective date and the name, address and telephone number of the carrier or tariff agent issuing the tariff;
   5. (E) A tariff that consists of more than four

4. (4) pages must be printed on one (1) side only and each page shall be consecutively numbered; and

   1. (F) Each section shall be listed in item number order.
5. (4) Number of Copies. The carrier or its tariff agent shall send one (1) copy only of each tariff or supplement for official filing with the commission.
6. (5) If the tariff or supplement is filed by any tariff agent, employee or other person on behalf of the motor carrier, then the person shall sign the letter of transmittal, which shall state that the person is authorized to act on behalf of the motor carrier to file the tariff or supplement. 7 CSR 265-10
7. (6) Legal Rate to be Charged. The carrier shall charge for its household goods mover services only the rates specified in the tariff provisions in effect at the time the carrier provides that service.

8. (7) Effective Date of Tariffs or Supplements.

   1. (A) When the tariff or supplement is filed with the commission, it is deemed to be approved by the commission on the effective date stated in the tariff or supplement without further action of the commission.
   2. (B) The commission may suspend the tariff or supplement with or without a hearing either before or after its effective date. The commission may set aside the tariff or supplement after hearing as provided by law.
   3. (C) Before the effective date of the tariff or supplement, the carrier or its agent may rescind the filing by letter or notice to the commission.
   4. (D) The effective date for increases in rates and charges shall not be less than two (2) days after the tariff is received in the commission’s tariff office.
   5. (E) The effective date for decreases in rates and charges shall not be less than one

9. (1) day after the tariff or supplement is received in the commission’s tariff office.

   1. (F) If the tariff is issued with reference to a commission decision, action or order, the effective date shall be on or after the effective date of the decision or order.
   2. (G) If the commission tariff office receives a tariff or supplement on which the stated effective date is earlier than this section requires, then the commission may, with approval from the carrier or its tariff agent, strike the stated effective date and insert the earliest effective date as authorized by this section or any later effective date approved by the carrier or its tariff agent.
   3. (H) The commission’s receipt and filing of a tariff or supplement does not relieve the carrier from liability for any violation of or noncompliance with applicable laws, rules or orders of the commission, nor from the liability for any actions or omissions by a common carrier in reliance upon an unlawful, invalid or erroneous tariff or supplement.

10. (8) Parts of a Tariff.

    1. (A) A tariff shall contain the following parts except as otherwise provided in subsection (8)(H) of this rule:

       1. 1. A title page;
       2. 2. Index table, section 1;
       3. 3. List of participating carriers, section

2;

1. 4. Each participating carrier’s operating

authority granted by the commission, section 3; 5. The carrier’s rules that pertain to the application of the tariff, section 4; 6. Rates, section 5 or higher; 7. Supplements; and 8. Any adoption notice. (B) Title Page. The title page of every tariff shall include the following items in the order named: 1. MO number. Each carrier or tariff agent shall assign to each tariff a consecutive serial number starting with one (1) for a new authority granted by the commission to a carrier. Example: “MO 1.” If a new tariff is filed to replace a tariff being cancelled, the title page should show the new MO number and directly under that number state that it “Cancels MO (number).” Example: “MO 2 Cancels MO 1.” A separate series of MO numbers shall be used for tariffs filed on behalf of more than one (1) participating carrier; 2. Name of carrier. The true name of the carrier as registered with the commission plus the carrier’s trade name or dba (doing business as) name. If more than one (1) carrier participates in the tariff, then the name of the carrier shall be omitted from the title page; 3. Description of service. A short description of the type of service for which the tariff applies and the territory or points between which the tariff applies. For example: “Transportation of Household Goods within Commercial Zone(s);” 4. Effective date. Each tariff shall con- tain the date the tariff was printed and the effective date when the tariff will take effect; 5. Tariffs issued with reference to a commission decision. If a new tariff is required to be filed pursuant to a commission decision or order, the title page of the tariff shall contain a reference to that decision or order; and 6. Person issuing the tariff. At the bot- tom of the title page, list the name, address and telephone number of the carrier or its tariff agent who prepared the tariff. (C) Index Table. The index table shall be designated as section 1. The index table shall be alphabetized by subject and shall specify the item and page number where information by subject may be found within the tariff. If the tariff is four (4) pages or less in length, the index table may be omitted. (D) List of Participating Carriers. When more than one (1) carrier participates in the same tariff, the tariff shall include a list of every participating carrier which shall be designated as section 2 of the tariff. For each participating carrier, the list shall clearly identify the carrier’s name, United States Department of Transportation (USDOT) number and every tariff section or item number that applies to the participating carrier. A tariff filed on behalf of a single carrier may omit section 2. (E) Statement of Operating Authority. Each tariff shall include a statement of operating authority for each participating carrier, which shall be designated as section 3 of the tariff. (F) Rules Affecting the Tariff. 1. Each tariff shall include a separate section, which shall be designated as section 4 and shall contain rules used to define terms and service or to explain what conditions would apply to a rate, charge or service. A special rule affecting a particular item or rate shall refer to that rate. Any rule that applies to one (1) or more specific rates must refer to the item numbers of all rates affected by that rule. 2. Each rule shall be identified by a sep- arate item number. 3. No rule shall refer to a rate in any other tariff. 4. If the carrier intends to charge any rates based on mileage, then the rules section of the tariff shall identify the mileage guide or other reference which the carrier will use to determine mileage. The carrier shall not use or refer to any mileage guide or other reference not approved by the commission. 5. Items with the tariffs shall not result in conflicting rates, charges or provisions. (G) Rates and Charges. 1. Rates and charges shall be plainly stated in United States monetary denominations. 2. If applicable, minimum charges for providing service shall be included. 3. The carrier shall charge and receive U.S. currency, not commodities or services, in exchange for transportation services. 4. This section of the tariff shall include the method by which the rates are determined. 5. Complicated plans or ambiguous terms shall not be used. Rates may be included for vehicles of differing size or differing use of manpower. Differing rates cannot be used for similar cost of operation. 6. A motor carrier shall not offer any discounted or reduced rates or charges except in accordance with the applicable terms and conditions in that carrier’s tariff. The terms and conditions for any discounted or reduced rates shall be reasonable, and shall not unfairly discriminate between or result in any undue preference or prejudice to persons who are similarly situated. 7. Rates or charges that divide or attempt to divide this state into territorial rate areas are unjust, unreasonable and invalid. 8. No carrier shall offer or provide free transportation, except as authorized by section 387.120, RSMo. 9. The motor carrier shall include in its tariff the rates and charges for any and all services the carrier provides in connection with the transportation of household goods. (H) Supplements. 1. Any amendment, correction or change to the tariff is published as a supplement. Any amendment, correction or change to the tariff shall require the reprinting only of the page(s) where the change occurs. The supplement will cancel and replace the old page(s) of the tariff. 2. Any amendment, correction or change shall be shown in bold letters to symbolize the amendment, correction or change in the item within the supplement or tariff to be approved. The word “Revised” will be typed in bold letters in front of the item number being amended, corrected or changed. 3. When changes are needed to a tariff that is four (4) pages or less, a new tariff shall be filed to cancel and replace the prior one instead of filing supplement page(s). 4. Every supplement page shall show at the upper right hand corner of the page the revised page number and the page number of the page being replaced. For example: “First Revised Page 1 Cancels Original Page 1” or “Second Revised Page 1 Cancels First Revised Page 1.” 5. If an additional page needs to be added between numbered pages, the additional page shall be given the same number as its preceding page plus an alpha letter. For example: “Page 6, Page 6-A, Page 6-B.” 6. If an item within the tariff is can- celled, the page is reprinted and the information within the item is left blank. The word “Cancelled” will be typed in bold letters in front of the item number being cancelled. Once an item number has been cancelled or expired, the item number shall not be used again in the same tariff. The “Cancelled” item number will remain in the tariff and shown in subsequent supplements. (I) Adoption Notice. 1. A new title page will be created and filed with the commission’s tariff office when the ownership or name of the carrier has changed. The title page will include the title “Adoption Notice” and contain the following description statement: “The (name of carrier) hereby adopts, ratifies and makes it own, in every respect as if it had been originally filed by it, all tariffs, supplements, amendments, rules and regulations filed with the Missouri Highways and Transportation Commission by the (former carrier name) prior to (date) for Tariff Number MO (number).” 2. The adoption notice shall become effective on not less than one (1) day’s notice after the adoption notice is received in the commission’s tariff office. (9) Pursuant to this rule, a carrier or a tariff agent shall deliver for filing all tariff and supplement documents to the commission’s tariff office by any of the following methods: personal delivery, U.S. mail, express courier delivery, photocopies, facsimile (FAX) copies, electronic mail (email) or other approved electronic media. A carrier or tariff agent that offers photocopies, FAX copies, or electronic documents for filing shall be bound by them as if they were originals. (10) A tariff or supplement filings may be rejected by commission staff if: 1) the tariff or supplement fails to give lawful notice before the effective date (two (2) day’s notice for an increase and one (1) day’s notice for a decrease) of changes in rates or provisions; 2) fails to meet the requirements of any regulation; 3) violates any decision, order or rule of the commission or of a court; or 4) violates any applicable statute. A written explanation of the reason(s) for the rejection will be provided to the motor carrier when the commission staff rejects a tariff or supplement. The rejected tariff or supplement will not be returned but shall be retained in the commission’s tariff office. Written appeals of the rejection may be filed with the commission or a hearing may be requested in writing, not later than thirty (30) days after the effective date shown above, with the Missouri Administrative Hearing Commission. (11) When a tariff is in effect and discrepancies are found within the tariff, the tariff or specific items in the tariff may be suspended by order of the commission. Any tariff, schedule or item suspended shall not be used while under suspension. The carrier or tariff agent shall immediately file a supplement or amendment quoting the items, rules and pages that were suspended. The supplement shall be effective on one (1) day’s notice. If the item, tariff or supplement is later required to be cancelled, the carrier will comply with the cancellation requirements established in subsection (8)(H) of this rule. AUTHORITY: section 622.027, RSMo 2000.* Emergency rule filed Sept. 13, 2007, effective Oct. 3, 2007, expired March 30, 2008. Original rule filed Sept. 13, 2007, effective March 30, 2008.

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