Motor carriers, regulatory license required--annual, issuedwhen--emergency or temporary license for seventy-twohours--fees--out-of-state agreements, effect--violation, penalty.
390.136. 1. No motor carrier, except as provided in section 390.030,shall operate any motor vehicle unless such vehicle shall be accompanied byan annual or seventy-two-hour regulatory license issued by the statehighways and transportation commission; provided that when a motor carrieruses a truck-tractor for pulling trailers or semitrailers, such motorcarrier may elect to license either the truck-tractor, trailer orsemitrailer. The fee for each such regulatory license shall be ten dollarsper year and shall be due and payable as provided in this section. Suchlicense shall be issued in such form and shall be used pursuant to suchreasonable rules and regulations as may be prescribed by the commission.
2. Any regulatory license issued to a motor carrier for use indriveaway operations, as defined in this section, shall be issued to suchmotor carrier without reference to any particular vehicle and may be usedinterchangeably by the holder thereof on any motor vehicle or combinationsthereof moving in driveaway operations under such carrier's propertycarrier registration, certificate, or permit.
3. In case of emergency, temporary, unusual or a peak demand fortransportation, additional vehicles as described in subsection 1 of thissection may be operated upon issuance of a seventy-two-hour license foreach vehicle so operated. The license fee for each such additional vehicleshall be the sum of five dollars for each seventy-two consecutive hours, orany portion thereof. Such licenses shall be issued, renewed, and staggeredin such form and shall be used pursuant to such reasonable rules andregulations as the commission may prescribe. No such additional vehiclewhich has been licensed pursuant to this subsection shall be operatedwithout being accompanied by such license.
4. The commission shall collect the applicable license fee prior tothe issuance of such license or licenses provided for in this section, andshall receive the license fee or fees and immediately deposit the same tothe credit of the state highways and transportation department fund exceptas otherwise provided in section 622.095, RSMo, or when an agreement hasbeen negotiated with another jurisdiction whereby prepayment is notrequired. In such cases, section 622.095, RSMo, if applicable, or theterms of the agreement shall prevail.
5. Any person operating as a motor carrier who violates or fails tocomply with any of the provisions of this section shall be adjudged guiltyof a misdemeanor and, upon conviction thereof, shall be punished by a fineof not more than one hundred dollars.
6. The regulatory license fee provided in this section may be paid atany state weigh station.
7. The commission shall prescribe, for every regulatory licenseissued pursuant to this section, an effective date and an expiration date.Notwithstanding any provision of law to the contrary, the commission maystagger the issuance of licenses pursuant to this section to begin atquarterly intervals during any calendar year. Not later than theexpiration date of the current license, or as otherwise prescribed, eachmotor carrier shall pay the regulatory license fee for each vehicle thatthe carrier will operate during the next yearly period. The commission mayissue partial or over one-year licenses during the transition from anannual license, to accommodate motor carriers in adding vehicles to theiroperations during the year, to coordinate the dates for a single carrier'slicensing of multiple licenses, or for such other reasons as approved bythe commission.
(RSMo 1939 § 5728, A.L. 1951 p. 547 § 390.170, A.L. 1969 H.B. 378, A.L. 1975 S.B. 312, A.L. 1984 S.B. 622 merged with H.B. 1477, A.L. 1986 H.B. 1473 merged with H.B. 1428, A.L. 1988 S.B. 423, A.L. 2004 H.B. 928 and H.B. 1123 and H.B. 1280 merged with S.B. 1233, et al.)
(1964) A partnership composed of individuals, each of whom owned dump trucks with valid Public Service Commission certificates attempted to qualify as a private carrier by purchasing stone from a quarry and paying individual members a per load rate lower than Public Service Commission rate to haul stone to buyer; held that this arrangement violated section 390.136 in that vehicles did not have annual license as required. Maag v. Public Service Commission (A.), 384 S.W.2d 801.
Motor carriers, regulatory license required--annual, issuedwhen--emergency or temporary license for seventy-twohours--fees--out-of-state agreements, effect--violation, penalty.
390.136. 1. No motor carrier, except as provided in section 390.030,shall operate any motor vehicle unless such vehicle shall be accompanied byan annual or seventy-two-hour regulatory license issued by the statehighways and transportation commission; provided that when a motor carrieruses a truck-tractor for pulling trailers or semitrailers, such motorcarrier may elect to license either the truck-tractor, trailer orsemitrailer. The fee for each such regulatory license shall be ten dollarsper year and shall be due and payable as provided in this section. Suchlicense shall be issued in such form and shall be used pursuant to suchreasonable rules and regulations as may be prescribed by the commission.
2. Any regulatory license issued to a motor carrier for use indriveaway operations, as defined in this section, shall be issued to suchmotor carrier without reference to any particular vehicle and may be usedinterchangeably by the holder thereof on any motor vehicle or combinationsthereof moving in driveaway operations under such carrier's propertycarrier registration, certificate, or permit.
3. In case of emergency, temporary, unusual or a peak demand fortransportation, additional vehicles as described in subsection 1 of thissection may be operated upon issuance of a seventy-two-hour license foreach vehicle so operated. The license fee for each such additional vehicleshall be the sum of five dollars for each seventy-two consecutive hours, orany portion thereof. Such licenses shall be issued, renewed, and staggeredin such form and shall be used pursuant to such reasonable rules andregulations as the commission may prescribe. No such additional vehiclewhich has been licensed pursuant to this subsection shall be operatedwithout being accompanied by such license.
4. The commission shall collect the applicable license fee prior tothe issuance of such license or licenses provided for in this section, andshall receive the license fee or fees and immediately deposit the same tothe credit of the state highways and transportation department fund exceptas otherwise provided in section 622.095, RSMo, or when an agreement hasbeen negotiated with another jurisdiction whereby prepayment is notrequired. In such cases, section 622.095, RSMo, if applicable, or theterms of the agreement shall prevail.
5. Any person operating as a motor carrier who violates or fails tocomply with any of the provisions of this section shall be adjudged guiltyof a misdemeanor and, upon conviction thereof, shall be punished by a fineof not more than one hundred dollars.
6. The regulatory license fee provided in this section may be paid atany state weigh station.
7. The commission shall prescribe, for every regulatory licenseissued pursuant to this section, an effective date and an expiration date.Notwithstanding any provision of law to the contrary, the commission maystagger the issuance of licenses pursuant to this section to begin atquarterly intervals during any calendar year. Not later than theexpiration date of the current license, or as otherwise prescribed, eachmotor carrier shall pay the regulatory license fee for each vehicle thatthe carrier will operate during the next yearly period. The commission mayissue partial or over one-year licenses during the transition from anannual license, to accommodate motor carriers in adding vehicles to theiroperations during the year, to coordinate the dates for a single carrier'slicensing of multiple licenses, or for such other reasons as approved bythe commission.
(RSMo 1939 § 5728, A.L. 1951 p. 547 § 390.170, A.L. 1969 H.B. 378, A.L. 1975 S.B. 312, A.L. 1984 S.B. 622 merged with H.B. 1477, A.L. 1986 H.B. 1473 merged with H.B. 1428, A.L. 1988 S.B. 423, A.L. 2004 H.B. 928 and H.B. 1123 and H.B. 1280 merged with S.B. 1233, et al.)
(1964) A partnership composed of individuals, each of whom owned dump trucks with valid Public Service Commission certificates attempted to qualify as a private carrier by purchasing stone from a quarry and paying individual members a per load rate lower than Public Service Commission rate to haul stone to buyer; held that this arrangement violated section 390.136 in that vehicles did not have annual license as required. Maag v. Public Service Commission (A.), 384 S.W.2d 801.
Motor carriers, regulatory license required--annual, issuedwhen--emergency or temporary license for seventy-twohours--fees--out-of-state agreements, effect--violation, penalty.
390.136. 1. No motor carrier, except as provided in section 390.030,shall operate any motor vehicle unless such vehicle shall be accompanied byan annual or seventy-two-hour regulatory license issued by the statehighways and transportation commission; provided that when a motor carrieruses a truck-tractor for pulling trailers or semitrailers, such motorcarrier may elect to license either the truck-tractor, trailer orsemitrailer. The fee for each such regulatory license shall be ten dollarsper year and shall be due and payable as provided in this section. Suchlicense shall be issued in such form and shall be used pursuant to suchreasonable rules and regulations as may be prescribed by the commission.
2. Any regulatory license issued to a motor carrier for use indriveaway operations, as defined in this section, shall be issued to suchmotor carrier without reference to any particular vehicle and may be usedinterchangeably by the holder thereof on any motor vehicle or combinationsthereof moving in driveaway operations under such carrier's propertycarrier registration, certificate, or permit.
3. In case of emergency, temporary, unusual or a peak demand fortransportation, additional vehicles as described in subsection 1 of thissection may be operated upon issuance of a seventy-two-hour license foreach vehicle so operated. The license fee for each such additional vehicleshall be the sum of five dollars for each seventy-two consecutive hours, orany portion thereof. Such licenses shall be issued, renewed, and staggeredin such form and shall be used pursuant to such reasonable rules andregulations as the commission may prescribe. No such additional vehiclewhich has been licensed pursuant to this subsection shall be operatedwithout being accompanied by such license.
4. The commission shall collect the applicable license fee prior tothe issuance of such license or licenses provided for in this section, andshall receive the license fee or fees and immediately deposit the same tothe credit of the state highways and transportation department fund exceptas otherwise provided in section 622.095, RSMo, or when an agreement hasbeen negotiated with another jurisdiction whereby prepayment is notrequired. In such cases, section 622.095, RSMo, if applicable, or theterms of the agreement shall prevail.
5. Any person operating as a motor carrier who violates or fails tocomply with any of the provisions of this section shall be adjudged guiltyof a misdemeanor and, upon conviction thereof, shall be punished by a fineof not more than one hundred dollars.
6. The regulatory license fee provided in this section may be paid atany state weigh station.
7. The commission shall prescribe, for every regulatory licenseissued pursuant to this section, an effective date and an expiration date.Notwithstanding any provision of law to the contrary, the commission maystagger the issuance of licenses pursuant to this section to begin atquarterly intervals during any calendar year. Not later than theexpiration date of the current license, or as otherwise prescribed, eachmotor carrier shall pay the regulatory license fee for each vehicle thatthe carrier will operate during the next yearly period. The commission mayissue partial or over one-year licenses during the transition from anannual license, to accommodate motor carriers in adding vehicles to theiroperations during the year, to coordinate the dates for a single carrier'slicensing of multiple licenses, or for such other reasons as approved bythe commission.
(RSMo 1939 § 5728, A.L. 1951 p. 547 § 390.170, A.L. 1969 H.B. 378, A.L. 1975 S.B. 312, A.L. 1984 S.B. 622 merged with H.B. 1477, A.L. 1986 H.B. 1473 merged with H.B. 1428, A.L. 1988 S.B. 423, A.L. 2004 H.B. 928 and H.B. 1123 and H.B. 1280 merged with S.B. 1233, et al.)
(1964) A partnership composed of individuals, each of whom owned dump trucks with valid Public Service Commission certificates attempted to qualify as a private carrier by purchasing stone from a quarry and paying individual members a per load rate lower than Public Service Commission rate to haul stone to buyer; held that this arrangement violated section 390.136 in that vehicles did not have annual license as required. Maag v. Public Service Commission (A.), 384 S.W.2d 801.
