390.063.  Certificate required for motor carriers transporting elderly, handicapped and children in head start for rural areas, application, content — rates not to be regulated by division — license not required, when. — 1.  As used in this chapter, the following terms mean:

  (1)  "Elderly", any person who is sixty years of age or older;

  (2)  "Handicapped", any person having a physical or mental condition, either permanent or temporary, which would substantially impair ability to operate or utilize available transportation; and

  (3)  "Urbanized area", an area so designated by the United States Bureau of Census as provided under section 12(c)(11) of the Urban Mass Transportation Act of 1964, as amended, and which has a population of more than fifty thousand persons.

  2.  Notwithstanding any provisions of this chapter to the contrary, the division shall issue a certificate or permit in accordance with the provisions of this section to a not-for-profit corporation seeking to transport by motor vehicle, as a common carrier or contract carrier in intrastate commerce, exclusively passengers other than in charter service who are:

  (1)  Elderly;

  (2)  Handicapped;

  (3)  Preschool disadvantaged children transported for the purpose of participating in a federal Head Start program; or

  (4)  Transported in areas other than urbanized areas as defined in this section, for which the motor carrier is authorized to be subsidized or reimbursed under Section 18 of the Urban Mass Transportation Act of 1964, as amended, Section 1614 of Title 49, United States Code, with federal funds administered by the Missouri transportation department,

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except that priority shall be given to serving passengers who are elderly, handicapped or preschool disadvantaged children under the certificate or permit issued under this section.

  3.  A not-for-profit corporation seeking a certificate or permit under this section shall make a written application to the division, in the form and containing the information which the division shall require by rule.  The application shall include at least a complete description of the routes or territory to be served, and a list of the equipment to be used by the applicant in providing the proposed service.  If the division finds that an applicant seeking to transport passengers as described in subsection 2 of this section is willing and able to properly perform the service proposed and to conform to the applicable provisions of this chapter, and the applicable rules and orders of the division, a certificate or permit authorizing such transportation shall be issued.  The division may, by rule, make reasonable requirements to prevent the unauthorized transportation of passengers other than as described in subsection 2 of this section, by motor carriers to whom a certificate or permit is issued under this section.

  4.  The division shall not have jurisdiction over the rates charged by motor carriers for the transportation of passengers as described in subsection 2 of this section and provided under the authority of a certificate or permit issued under this section.  Such motor carriers shall not be required to file with the division or publish tariff schedules setting forth their rates and charges for such transportation.

  5.  The provisions of section 390.136 shall not apply to motor vehicles exclusively used to transport passengers as described in subsection 2 of this section under the authority of a certificate or permit issued under this section.