Mo. Code Regs. tit. 4 § 265-2.190
Current through Register Vol. 49, No. 18, September 16, 2024
Section 4 CSR 265-2.190 - Merger of Duplicated or Overlapping Motor Carrier Operating AuthorityPURPOSE: This rule interprets and implements the principles of merger with reference to motor carriers who acquire, or whose certificates or permits contain, duplicated or overlapping pieces of operating authority.
(1) Two (2) or more separate pieces of motor carrier operating authority possessed or acquired by a motor carrier shall be deemed to be merged, and shall no longer be effective as separate pieces of authority, whenever the commodities to be transported, the routes or territory to be served and the nature of the transportation service authorized by one (1) piece of authority are identical to, or wholly included within, the scope of the commodities, the routes or territory, and the nature of the service authorized by another piece of the carrier's authority. Two (2) or more pieces of the carrier's authority on which consolidation, through service or tacking has been authorized by the division shall be considered as one (1) piece of authority for this purpose. A partial duplication or overlapping of each piece of authority is not sufficient to cause merger; both pieces must be identical, or the greater piece must wholly overlap or include the lesser piece, in order for the separate pieces of authority to be merged.(2) A motor carrier shall not transfer away a piece of authority and yet retain another piece of authority that was merged with the transferred authority. In these cases, the transferor shall forfeit the merged authority to the extent that it duplicates, overlaps or is overlapped by the transferred piece of authority, except that, if the transferee notifies the division in writing during a transfer application proceeding that the duplicated or overlapping authority is to be kept by the transfer or, then the transfer or may keep the merged authority and none of the duplicated or overlapping authority shall be transferred to the transferee. The principles set forth in this rule and the procedures set forth in 4 CSR 265-2.066(5) shall apply to proposed transfers involving the merger of authority.(3) After notice to the affected carrier and an opportunity for hearing, the division may restate a motor carrier's certificate or permit so as to delete extra pieces of authority that are deemed to be merged and no longer effective as separate pieces of authority. The division staff or other interested party may propose a restatement of merged authority in transfer proceedings under 4 CSR 265-2.066, or by filing an independent application with the division.(4) The merger principles stated in this rule are applicable irrespective of whether the carrier possesses or acquires the duplicated or overlapping pieces of authority by transfer or by grant of new authority, and without regard to any failure or omission by the division or its predecessor, the Missouri Public Service Commission, to delete the duplicated or overlapping pieces of authority from any motor carrier's certificate or permit. AUTHORITY: section 622.027, RSMo 1986.* Original rule filed Nov. 4, 1992, effective July 8, 1993. *Original authority: 622.027, RSMo 1985, amended 1993, 1995.