Terms Used In Missouri Laws > Chapter 390 - Motor Carriers and Express Companies

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Certificate: a written document authorizing a common carrier to engage in intrastate commerce and issued under the provisions of this chapter. See Missouri Laws 390.020
• Charter service: the transportation of a group of persons who, pursuant to a common purpose and at a fixed charge for the vehicle, have acquired the exclusive use of a passenger-carrying motor vehicle to travel together as a group from a point of origin to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartering group after having left the place of origin. See Missouri Laws 390.020
• Commercial zone: unless otherwise increased pursuant to the provisions of subdivision (4) of section 390. See Missouri Laws 390.020
• Commodities in bulk: commodities, which are fungible, flowable, capable of being poured or dumped, tendered for transportation unpackaged, incapable of being counted, but are weighed or measured by volume and which conform to the shape of the vehicle transporting them. See Missouri Laws 390.020
• Common carrier: any person which holds itself out to the general public to engage in the transportation by motor vehicle of passengers or property for hire or compensation upon the public highways and airlines engaged in intrastate commerce. See Missouri Laws 390.020
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contract carrier: any person under individual contracts or agreements which engage in transportation by motor vehicles of passenger or property for hire or compensation upon the public highways. See Missouri Laws 390.020
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Division: the division of motor carrier and railroad safety of the department of transportation. See Missouri Laws 390.020
• Docket: A log containing brief entries of court proceedings.
• Elderly: any person who is sixty years of age or older. See Missouri Laws 390.063
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
• Handicapped: any person having a physical or mental condition, either permanent or temporary, which would substantially impair ability to operate or utilize available transportation. See Missouri Laws 390.063
• hereafter: means the time after the statute containing it takes effect. See Missouri Laws 1.020
• Household goods: personal effects and property used or to be used in a dwelling when a part of the equipment or supply of such dwelling. See Missouri Laws 390.020
• Interstate commerce: commerce between a point in this state and a point outside this state, or between points outside this state when such commerce moves through this state whether such commerce moves wholly by motor vehicle or partly by motor vehicle and partly by any other regulated means of transportation where the commodity does not come to rest or change its identity during the movement. See Missouri Laws 390.020
• Intrastate commerce: commerce moving wholly between points within this state, whether such commerce moves wholly by motor vehicle or partly by motor vehicle and partly by any other means of transportation. See Missouri Laws 390.020
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Legacy: A gift of property made by will.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Motor carrier: any person engaged in the transportation of property or passengers, or both, for compensation or hire, over the public roads of this state by motor vehicle. See Missouri Laws 390.020
• Motor vehicle: any vehicle, truck, truck-tractor, trailer, or semitrailer, motor bus or any self-propelled vehicle used upon the highways of the state in the transportation of property or passengers. See Missouri Laws 390.020
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Party: any person admitted as a party to a division proceeding or seeking and entitled as a matter of right to admission to a division proceeding. See Missouri Laws 390.020
• Permit: a permit issued under the provisions of this chapter to a contract carrier to engage in intrastate or interstate commerce or to a common carrier to engage in interstate commerce. See Missouri Laws 390.020
• Person: any individual or other legal entity, whether such entity is a proprietorship, partnership, corporation, company, association or joint-stock association, including the partners, officers, employees, and agents of the person, as well as any trustees, assignees, receivers, or personal representatives of the person. See Missouri Laws 390.020
• Private carrier: any person engaged in the transportation of property or passengers by motor vehicle upon public highways, but not as a common or contract carrier by motor vehicle. See Missouri Laws 390.020
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Property: includes real and personal property. See Missouri Laws 1.020
• Property carrier registration: a document issued by the division pursuant to sections 390. See Missouri Laws 390.250
• Public highway: every public street, road, highway or thoroughfare of any kind used by the public, whether actually dedicated to the public. See Missouri Laws 390.020
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Registered property carrier: a person who is entitled pursuant to subdivision (3) of this subsection to engage in the transportation by motor vehicle of property, except household goods, for hire or compensation in intrastate commerce on the public highways in this state. See Missouri Laws 390.250
• Regular route: a specific and determined course to be traveled by a motor carrier's vehicle rendering service to, from or between various points or localities in this state. See Missouri Laws 390.020
• State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
• Taxicab: any motor vehicle performing a bona fide for-hire taxicab service having a capacity of not more than five passengers, exclusive of the driver, and not operated on a regular route or between fixed termini. See Missouri Laws 390.020
• Truckload lot: a lot or lots of freight tendered to a carrier by one consignor or one consignee for delivery at the direction of the consignor or consignee with the lot or lots being the only lot or lots transported on the motor vehicle at any one time. See Missouri Laws 390.020
• United States: includes such district and territories. See Missouri Laws 1.020