Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 8 - Railroads › Section 7 CSR 265-8.005 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment moves the rule from Title 4
				  to Title 7, removes those definitions or parts of definitions solely relating
				  to Motor Carriers, clarifies some existing definitions, and adds new
				  definitions relating to railroads.
PURPOSE: This rule defines terms used in the rules
				  comprising 7 CSR 265-8 Railroads.
1) Missouri Division of Transportation,
				Single State Registration System (SSRS) Procedures Manual (Jefferson City, MO:
				Department of Economic Development Revised July 1, 1994);
2) Section 4005 of Title IV of
				Public Law
				102-240 (49 U.S. Code 11506) (Washington: U.S.
				Government Printing Office, 1993).
In accordance with section
				  536.031(4),
				  RSMo, the full text of material incorporated
				  by reference will be made available to any interested person at the Office of
				  the Secretary of State and the headquarters of the adopting state
				  agency.
(1)
				Applicant - any person on whose behalf application is made before the division
				for permission or authorization which the division is empowered to grant under
				its statutory or other delegated authority.
(2) Commission - the Missouri Highways and
				Transportation Commission, a state agency created by statute and vested with
				authority by Article IV, Section 29, Missouri Constitution.
(3) Corporation - a
				corporation, company, association or joint stock association, or limited
				liability company.
(4) Department - the Missouri
				Department of Transportation.
(5) Director - the
				director of the Multimodal Operations Division of the Department of
				Transportation.
(6) Division - the Multimodal Operations Division
				within the Department of Transportation.
(7) Division staff - personnel of the Railroad Section
				of the Multimodal Operations Division.
(8) Federal Railroad Administration (FRA) -
				an agency within the United States Department of Transportation.
(9) Municipality - a city, town, village, county, or
				other political subdivision.
(10) Partnership - an
				association of two (2) or more persons to carry on as co-owners a business for
				profit and includes a registered limited liability partnership.
(11)
				Party - any applicant, complainant, or respondent and any person having
				intervened in proceedings before the division.
(12) Person - any
				individual, business entity, or governmental entity.
(13) Private crossing - a highway-rail or
				pathway crossing, either at-grade or grade separated, that is not a public
				crossing because the crossing is privately owned and intended for use solely by
				the owner and/or the owner's licensees and invitees.
(14) Public crossing - a highway or pathway
				that crosses one (1) or more railroad tracks, either at-grade or grade
				separated, where the highway/pathway approaches to the crossing are under the
				jurisdiction of, and maintained by, a public authority and open to public
				travel. All of the approaches must be under the jurisdiction of the public
				authority and no approach may be located on private property.