Missouri Senate

Senate Committee Substitute

EXEMPTING HOUSEHOLD GOODS MOVERS FROM FILING RATES WITH THE COMMISSION- §387.040 - Under the terms of this act, household goods movers will no longer have to file their schedule of rates, fares and charges with the state highways and transportation commission. A household goods mover must maintain and publish its schedules of rates, fares and charges in its stations and offices. Such rates shall be available for inspection by the commission, shippers, and the public.

PROHIBITION OF JOINT TARIFFS - §387.080 and 390.116 - This act prohibits household goods movers from participating in joint tariffs. The act allows joint tariffs relating to the transportation of household goods over through routes or in interline service involving two or more separate motor carriers. Carriers of household goods participating in through routes or interline service shall file and publish joint tariffs or individual tariffs for each participating carrier.

ALLOW RATES IN COMMERCIAL ZONES TO BE DIFFERENT THAN THOSE IMPOSED IN RURAL AREAS OF THE STATE - §387.110 - Under current law, household goods carriers are prohibited from using schedules of rates that divide the state into territorial rate areas. This act eliminates this prohibition. In addition, a common carrier may reasonably apply specific rates for the transportation of household goods between points located wholly within a commercial zone or between points located wholly within another contiguous geographic area defined in the carrier's tariff schedules, which differ from the rates the carrier applies to similar transportation of household goods between points that are not located wholly within that commercial zone or defined contiguous area, if the carrier has incurred or reasonably expects to incur different costs of providing such transportation exclusively within that commercial zone or other defined contiguous area, as compared to the relevant costs that the carrier has incurred or reasonably expects to incur in providing similar transportation in other geographic areas, and this cost difference reasonably justifies the carrier's application of such differing rates to such similar transportation.

CONSUMER PROTECTION REQUIREMENTS - §387.137 - This act requires the commission to establish consumer protection requirements for motor carriers transporting household goods in intrastate commerce.

VACATION OF MINIMUM/MAXIMUM COMMISSION RATE ORDERS - §387.355 - Under this act, all rate orders issued by the commission affecting the transportation of household goods, to the extent such rate orders prescribe any minimum or maximum rates for the transportation of such goods, shall be vacated. Other provisions contained in the rate orders unrelated to prescribing maximum or minimum rates shall not be vacated.

ELIMINATE PROOF OF NEED FOR SERVICE - §390.051 and 390.061- The act eliminates the requirement of contract carriers transporting household goods to demonstrate that the service proposed will serve a useful present or future public purpose when applying for a certificate of authority or permit. Concomitantly, an applicant for household goods moving authority or permit will not have to satisfy the public convenience and necessity test when proposing a new service, an extension of existing service, or a transfer of authority. An applicant for a household goods certificate of authority or permit will have to show that they are fit, willing, and able to perform the service, and that they will conform to other standards established by law. Only noncharter passenger services will have to demonstrate that the service proposed will serve a present or future public purpose when applying for a certificate or permit.

Under this act, the commission shall not restrict any certificate or permit authorizing the transportation of household goods or passengers in charter service with reference to any route or routes.

ELIMINATION OF TEMPORARY HOUSEHOLD GOODS MOVER PERMITS - §390.081 - Under this act, the issuance of temporary permits to household goods common carriers is eliminated. The issuance of a temporary authority permits is restricted to carriers transporting passengers other than in charter service .

DISCONTINUANCE OF SERVICE NOTICE ELIMINATED - §390.101 - Under this act, a common carrier of household goods will no longer have to seek authorization from the commission to discontinue service. Only common carriers of passengers other than in charter service must seek authorization from the commission in order to discontinue service.

STATEWIDE OPERATING AUTHORITY - §390.280 - Under this act, any geographic restriction or provision limiting a household goods carrier's scope of authority to particular routes within this state contained in a certificate or permit, or both, which was issued prior to August 28, 2011, and any similar provision contained in a carrier's tariff schedule filed prior to such date, shall be deemed void. In lieu of the geographic restrictions expressed in such certificates, permits, or tariff schedules, a motor carrier shall be authorized to provide intrastate transportation of household goods between all points and destinations within the state until such time the certificates, permits, and tariff schedules are reissued or amended to reflect the motor carrier's statewide operating authority.

PROOF OF COMPLIANCE WITH WORKERS COMPENSATION LAW - Beginning January 1, 2012, no certificate of authority or permit shall be issued or renewed unless the applicant demonstrates that the applicant has workers' compensation insurance coverage that complies with Missouri law for all its employees. If any household goods carrier is found by the division of workers' compensation to be out of compliance with the workers' compensation law, the division shall report such fact to the state highways and transportation commission. The commission shall suspend the household goods carrier's certificate or permit until such time the carrier certifies that it has procured workers' compensation insurance coverage (Section 390.054).

COMPLAINT HANDLING PROCESS - §387.139 - This act requires the division of motor carriers to develop a complaint process. The complaint process shall keep a record for each complaint and shall record findings made at each step of the complaint process, provide an explanation of the legal basis and reason for a complaint dismissal, and other information.

STEPHEN WITTE