Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 8 - Railroads › Section 7 CSR 265-8.320 - Railroad-Highway Crossing Applications

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment revises and simplifies the
				  required form and content for applications regarding railroad-highway
				  crossings.
PURPOSE: This rule prescribes the required form and
				  content for applications regarding railroad-highway crossings, at grade or
				  otherwise.
(1) Persons other
				than division staff filing applications for a commission order relating to the
				location, construction, installation, operation, maintenance, apportionment of
				expenses, use, warning devices, alteration, relocation, reconstruction,
				separation of grades, abolishment, or closure of a railroad-highway crossing,
				at grade or otherwise, shall file an application with the director of the
				division in accordance with this section that includes at least the following
				information:
(A) The identity, address and
				telephone number of the applicant;
(B) The identity, address, and, if known, the
				telephone number of every party in interest, including, if applicable, the
				railroad(s) owning and operating over the tracks at the crossing, the
				entity(ies) maintaining each highway at the crossing and other entities
				participating in the funding of the proposed construction, safety improvements,
				or other relief requested from the division;
(C) The location and description of each
				highway at each crossing affected by the application, including, whenever
				applicable:
1. Name of highway;
2. Highway classification and
				number;
3. United States Department
				of Transportation (U.S. DOT) crossing inventory number;
4. City;
5. County;
6. Number and direction of traffic
				lanes;
7. Width of highway at
				crossings;
8. The entity that
				maintains the highway on each side of the railroad tracks;
9. Type of highway surface;
10. Type of highway traffic and average
				annual daily traffic, if known;
11.
				Highway speed limit;
(D)
				The location and description of each railroad at each crossing affected by the
				application, including, whenever applicable-
1. Name of railroad corporation which owns
				the track;
2. Division;
3. Subdivision;
4. Milepost;
5. Number and types of track;
6. Width of railroad and railroad
				right-of-way at the crossing;
7.
				Names of all other railroads operating over the crossing;
8. Number and type of train movements over
				the crossing (daily, if known);
9.
				Maximum train speed;
10. Location
				and description of any obstructions to motorists' view of approaching
				trains;
(E) The number and
				date of each accident at the crossing involving trains and highway users, and
				the number of persons injured and killed in each accident;
(F) Any executed agreement or similar
				document between the parties regarding who should perform the proposed work and
				who should pay the costs of the proposed construction, safety improvements, or
				other relief, and in what proportion;
(G) Description of the proposed construction,
				safety improvements, or other relief, including detailed plans and
				specifications, if applicable;
(H)
				Detailed estimated costs of the proposed construction, safety improvements, or
				other relief;
(I) Estimated time for
				completion of the proposed construction or safety improvements or for
				implementation of the proposed relief;
(J) Detailed statement why the proposed
				construction or safety improvements should be approved or the proposed relief
				granted;
(K) Statement of whether
				the applicant and all interested parties waive a hearing and will submit the
				case to the division for decision;
(L) Date and signature of the applicant or
				the applicant's authorized representative; and
(M) Verification under penalty of
				perjury.