reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 8 - Railroads › Section 7 CSR 265-8.032 - Temporary Closing of a Public Grade Crossing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment is updating the material
				  incorporated by reference for the Manual on Uniform Traffic Control Devices for
				  Streets and Highways.
(1)
				Whenever a public grade crossing is closed for the purpose of maintaining or
				reconstructing the crossing surface or track structure, the railroad shall
				notify the proper road authority and the local law enforcement agency not less
				than seventy-two (72) hours in advance, except in emergency.
(2) When closing a grade crossing, the
				railroad shall conform to the requirements for signing, work protection, and
				detours outlined in the
Manual on Uniform Traffic Control Devices for
				Streets and Highways
(2009 Edition including Revisions 1 and 2), which
				is incorporated by reference and made a part of this rule as published by the
				Federal Highway Administration, United States Department of Transportation, 400
				7th Street SW, Room 3408, Washington, DC 20590, website:
https://mutcd.fhwa.dot.gov/pdfs/2009r1r2/mutcd2009r1r2edition.pdf
.
				This rule does not incorporate any subsequent amendments or additions of this
				manual.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 8 - Railroads › Section 7 CSR 265-8.080 - Railroad-Highway Grade Crossing Warning Systems

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment is updating the material
				  incorporated by reference for the Manual on Uniform Traffic Control Devices for
				  Streets and Highways.
(1) The
				division incorporates by reference in this rule Part 8 of the
Manual on
				Uniform Traffic Control Devices for Streets and Highways
(2009 Edition
				including Revisions 1 and 2), which is incorporated by reference and made a
				part of this rule as published by the Federal Highway Administration, United
				States Department of Transportation, 400 7th Street SW, Room 3408, Washington,
				DC 20590, website:
https://mutcd.fhwa.dot.gov/pdfs/2009r1r2/mutcd2009r1r2edition.pdf
.
				This rule does not incorporate any subsequent amendments or additions of this
				manual. Part 8, entitled "Traffic Control for Railroad and Light Rail Transit
				Grade Crossings," establishes standards for the design, installation, and
				operation of grade crossing warning devices. Unless a specific variance is
				granted by the division, the standards in Part 8 must be applied in the
				installation of all grade crossing warning systems in Missouri, except that
				only twelve- (12-) inch diameter lenses shall be used on flashing light signal
				units.
(2) Whenever one (1) or more
				adjacent tracks (but fewer than all tracks), are physically removed from a
				grade crossing, or physically removed, except through a grade crossing, then
				the railroad(s) responsible for maintaining the grade crossing shall relocate
				the warning devices to a clearance of not less than twelve feet (12') nor more
				than twenty feet (20') from the center line of the nearest remaining track
				within one hundred twenty (120) days after the date of actual removal of the
				track, unless otherwise ordered by the division.
(3) The provisions governing the safety of
				highway-rail grade crossing signal systems published in Title 49, Code of
				Federal Regulations, Part 234, but not including Appendix A - Schedule of
				Penalties, are incorporated by reference and made a part of this rule as
				published October 1, 2016 by the Federal Railroad Administration, United States
				Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590.
				This rule does not incorporate any subsequent amendments or additions of this
				rule.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 8 - Railroads › Section 7 CSR 265-8.092 - Railroad Reports

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment moves the rule from Title 4
				  to Title 7, removes the requirement for a railroad to provide a copy of its
				  system rail traffic density diagram, and removes an average daily train traffic
				  form as part of the published rule to provide greater flexibility to the
				  department in the event this form is changed in the future. This amendment also
				  adds new reporting requirements relating to rail operating revenues, mileage
				  operated, track mileage, rail line operation statistics and freight carried,
				  and incorporates the forms used for such reports into the rule by
				  reference.
PURPOSE: This rule requires the notification by
				  railroads operating within the state to file with the division certain traffic
				  statistics for use as planning information in railroad safety
				  studies.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) All railroads operating within the state
				shall file with the division, within the time prescribed, each of the following
				documents:
(A) Two (2) copies of their
				operating timetable not later than ten (10) days after the effective date of
				each issue;
(B) Annually, on or
				before April 30 of each year, one (1) Average Daily Railroad Traffic Within
				Missouri report for each line segment operated in the state, to be submitted on
				the form published February 29, 2016 by the Department of Transportation, 105
				W. Capitol Ave., Jefferson City, MO 65101, which is incorporated by reference
				and made a part of this rule. This rule does not incorporate any subsequent
				amendments or additions of this form.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 8 - Railroads › Section 7 CSR 265-8.100 - Track and Railroad Workplace Safety Standards

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment moves the rule from Title 4
				  to Title 7 and updates the references to the federal regulations in Title 49,
				  Code of Federal Regulations, Parts 213 and 214 that are incorporated into this
				  rule.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) The division incorporates by reference in
				this rule the minimum safety standards for track and roadbed inspections for
				common carriers by rail, as adopted by the Federal Railroad Administration and
				published in Title 49, Code of Federal Regulations, Part 213, except that the
				division does not incorporate by reference any of the provisions of
				49 CFR
				section 213.15 -Civil penalty, or Appendix B
				to part 213-Schedule of Civil Penalties, or any other provision conflicting
				with applicable Missouri law. The aforementioned standards in Title 49, Code of
				Federal Regulations, Part 213, are incorporated by reference and made a part of
				this rule as published October 1, 2016 by the Federal Railroad Administration,
				United States Department of Transportation, 1200 New Jersey Avenue SE,
				Washington, DC 20590. This rule does not incorporate any subsequent amendments
				of additions of this rule.
(2) The
				division incorporates by reference in this rule the requirements governing the
				safety of railroad employees in the workplace as adopted by the Federal
				Railroad Administration and published in Title 49, Code of Federal Regulations,
				Part 214, except that the division does not incorporate by reference any of the
				provisions of Appendix A to part 214-Schedule of Civil Penalties, or any other
				provision conflicting with applicable Missouri law. The aforementioned
				standards in Title 49, Code of Federal Regulations, Part 214, are incorporated
				by reference and made a part of this rule as published October 1, 2016 by the
				Federal Railroad Administration, United States Department of Transportation,
				1200 New Jersey Avenue SE, Washington, DC 20590. This rule does not incorporate
				any subsequent amendments of additions of this rule.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 8 - Railroads › Section 7 CSR 265-8.110 - Walkway Safety Standards at Industrial Tracks

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment moves the rule from Title 4
				  to Title 7 and eliminates unnecessary restrictive wording.
(1) For purposes of this rule, industrial
				railroad trackage means that trackage owned, leased or used by any person, firm
				or corporation, other than a railroad as defined by section
				386.020, RSMo, which
				connects with the tracks of a railroad and on which a railroad switches or
				operates cars or locomotives within Missouri.
(2) Except in cases in which the division
				finds that construction or reconstruction is impracticable, unnecessary, or
				where existing structures or tracks prevent construction, walkways shall be
				constructed along each side of industrial railroad trackage a minimum of eight
				feet, six inches (8'6") from the center of track measured at right angles to
				the center. Walkways shall be reasonably level with the top of the railroad
				ties and beginning at the end of the railroadties, not exceed a drop of two
				inches (2") per foot to provide drainage and a surface reasonably level on
				which to walk as well as permit the safe performance of trackside duties,
				taking into consideration existing structures and tracks.
(3) Walkways along industrial railroad
				trackage shall be constructed of and maintained with materials that conform to
				the specifications of the railroad corporation which switches or operates cars
				or locomotives on and over the trackage; if no specifications are available,
				walkways shall be constructed of suitable chat or fines not to exceed one inch
				(1") in diameter.
(4) Walkways
				along industrial railroad trackage as well as the area between the rails shall
				be kept free of vegetation or debris that would interfere with the performance
				by railroad employees of normal trackside duties.
(5) Each drainage or other water-carrying
				facility, under or immediately adjacent to the roadbed, must be maintained and
				kept free of obstruction in order to accommodate expected water flow for the
				concerned area.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 8 - Railroads › Section 7 CSR 265-8.140 - First-Aid Kits

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment moves the rule from Title 4
				  to Title 7 and removes a reference to Senate Bill No. 676 in the purpose
				  statement because parts of SB 676 are no longer in effect.
PURPOSE: This rule implements the provisions of
				  section
				  389.920,
				  RSMo, which authorizes the division to prescribe requirements for first-aid
				  kits to be provided and maintained on certain railroad equipment by owners and
				  operators of railroads in this state.
Every railroad shall provide and maintain a commercially
				  prepared first-aid kit in a plainly marked accessible location on all passenger
				  train cars, cabooses, each locomotive unit capable of independent operation and
				  all motorized on-track work equipment used in railroad operations which weigh
				  in excess of four hundred pounds (400 lbs.). A conforming first-aid kit may be
				  assigned to the custody of a designated member of the train or work crew
				  required to work on the equipment when the equipment is in use. The chief
				  medical officer for each railroad shall determine the contents and the size of
				  the kit to conform to the type of job and the specific treatment which may be
				  needed. In addition, the kit shall adequately serve the usual number of
				  employees needed to be treated by the kit at that location.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 8 - Railroads › Section 7 CSR 265-8.300 - Railroad Safety Applications (Other Than Railroad-Highway Crossings)

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 safety matters
				  other than those involving railroad-highway crossings.
PURPOSE: This rule prescribes the required form and
				  content for applications regarding railroad safety matters other than those
				  involving railroad-highway crossings.
(1) Except as otherwise provided under 7 CSR
				265-8.320, persons other than division staff filing applications for a
				commission order relating to railroad safety matters shall file a completed
				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 all known parties in
				interest, for example, the railroads, funding authorities, shippers, labor
				unions, or other persons or groups affected by the proposed relief requested
				from the division;
(C) Location and
				description of the existing tracks, switches, yards, or other facilities to be
				affected by the proposed safety improvement or relief and the circumstances
				presently existing there;
(D)
				Description of the proposed improvements or other specific relief including
				detailed plans and specifications, if applicable;
(E) Estimated costs of the proposed
				improvement or resulting from the proposed relief;
(F) Any executed agreement or similar
				document between the parties regarding who should perform the proposed work, if
				any, and who should pay the costs of the proposed improvements or resulting
				from the proposed relief, and in what proportions;
(G) Estimated time for completion of the
				proposed improvements or implementation of the proposed relief;
(H) Detailed statement as to why the proposed
				improvement should be approved or the proposed relief granted;
(I) Statement of whether the applicant and
				interested parties waive a hearing, and will submit the case to the division
				for a decision;
(J) Date and
				signature of the applicant or the applicant's authorized representative;
				and
(K) Verification under penalty
				of perjury.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 8 - Railroads › Section 7 CSR 265-8.324 - Changes to Highway-Rail Grade Crossing Active Warning Devices

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment moves the rule from Title 4
				  to Title 7, revises the rule to reflect current procedures, deletes obsolete
				  references to the administrative law judge, eliminates unnecessary restrictive
				  wording, deletes a requirement that the department retain all written notices
				  of minor warning device changes, and updates the references to the regulations
				  in 49 CFR Part 234 that are incorporated into this rule.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Major changes to existing highway-rail
				grade crossing active warning devices shall not be made unless an application
				is filed with the division under 7 CSR 265-8.320, and the proposed major change
				is approved by a specific commission order. Major changes include:
(A) Any modification to a highway-rail grade
				crossing active warning system that changes the portion of the system which
				provides warning to and is viewed by the highway user;
(B) Any change in the type of train detection
				circuitry at any location involving highway traffic signal interconnection or
				preemption; or
(C) Any other
				modification to a highway-rail grade crossing active warning device that is not
				classified in this rule as a minor change.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 9 - Rail Fixed Guideway Systems › Section 7 CSR 265-9.020 - State Safety Oversight Agency Authorities and Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates references to the
				  Code of Federal Regulations.
PURPOSE: This rule adopts a system safety program
				  standard and requires every rail fixed guideway system to establish, implement,
				  and maintain a system safety program plan and security plan, which meets the
				  FTA requirements under  49 CFR part 674  and the requirements of this
				  rule.
(1) In accordance with
				its authority established in section
				389.1005,
				RSMo, and the Designation Letter signed by the Governor of Missouri on June 12,
				2017, the division is designated as the State Safety Oversight Agency (SSOA)
				per 49 United States Code (USC) 5239(e)(4).
(2) The division is responsible for carrying
				out the responsibilities of an SSOA as set forth in the federal regulations and
				statute cited in this rule. The division adopts and enforces rules relating to
				the safe design, engineering, construction, testing, operation, and maintenance
				of Rail Fixed Guideway Systems (RFGS).
(3) The division incorporates by reference in
				this rule the full provisions of  49 USC 5329 and  49  Code of Federal Regulations
				(CFR) Part 674, as published by the United States Government Publishing Office,
				732 North Capitol Street NW, Washington, DC 20401 on October 1, 2016, and March
				15, 2016, respectively. This rule does not incorporate any subsequent
				amendments or additions of the CFRs and USC.
(4) The SSOA is legally and financially
				independent from the overseen RFGS.
(5) The division retains the authority to
				access RFGS property in performance of SSOA duties, including to conduct
				investigations or to make announced or unannounced inspections.
(6) Documents or information filed with this
				division by a RFGS under the provisions of this chapter may be closed to public
				inspection by the RFGS, or by the division as deemed necessary to prevent or
				mitigate breaches of security. The closure to public access, in whole or in
				part, of documents or information, does not preclude the division or its
				authorized personnel from inspecting and copying these provisions, documents
				and information, as otherwise provided by law or by the rules of the highways
				and transportation commission or orders of the division.
(7) Every RFGS shall meet or exceed the FTA's
				alcohol and controlled substances testing requirements under  49 CFR Parts 40 and  655, which are incorporated herein by reference and made a part of this
				rule as published in the Federal Register 83 FR 63812 December 12, 2018, by the
				FTA, United States Department of Transportation, 1200 New Jersey Avenue SE,
				Washington, DC 20590. This rule does not incorporate any subsequent amendments
				or additions.
*Original authority: 389.1005, RSMo 1996 and 622.027, RSMo
					 1985, amended 1993, 1995.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 9 - Rail Fixed Guideway Systems › Section 7 CSR 265-9.040

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 389.1005, RSMo 1996 and 622.027, RSMo
					 1985, amended 1993, 1995.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 9 - Rail Fixed Guideway Systems › Section 7 CSR 265-9.050 - Signs

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates references to the
				  Manual on Uniform Traffic Control Devices.
(1) All safety, directional, warning, and
				train control signs used on rail fixed guideway systems shall be made of
				aluminum or other noncorrosive material and covered with a retroreflector-ized
				material to show the same shape and color by day or night. The
				retroreflectorized material used shall meet or exceed the minimum levels
				specified in the Manual on Uniform Traffic Control Devices (MUTCD) (2009
				Edition including Revisions 1 and 2), which is incorporated by reference and
				made a part of this rule as published by the Federal Highway Administration
				(FHWA), United States Department of Transportation (USDOT), 400 7th Street SW,
				Room 3408, Washington, DC 20590, website:
https://mutcd.fhwa.dot.gov/pdfs/2009r1r2/mutcd2009r1r2edition.pdf
.
				This rule does not incorporate any subsequent amendments or additions of this
				manual.
(2) The signs shall be
				maintained in a reasonably clean condition and replaced when they have been
				impaired by wear or damage. Sign retroreflectivity shall be assessed and
				maintained according to the minimum retroreflectivity standards of the MUTCD
				(2009 Edition including Revisions 1 and 2), which is incorporated by reference
				and made a part of this rule as published by the FHWA, USDOT, 400 7th Street
				SW, Room 3408, Washington, DC 20590, website:
https://mutcd.fhwa.dot.gov/pdfs/2009r1r2/mutcd2009r1r2edition.pdf
.
				This rule does not incorporate any subsequent amendments or additions of this
				manual.
(3) Notwithstanding section
				(1) of this rule, the division may require the use of appropriate illumination
				for the signs.
*Original authority: 389.10005, RSMo 1996 and 622.027, RSMo
					 1985, amended 1993, 1995.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 9 - Rail Fixed Guideway Systems › Section 7 CSR 265-9.060

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 389.1005, RSMo 1996 and 622.027, RSMo
					 1985, amended 1993, 1995.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 9 - Rail Fixed Guideway Systems › Section 7 CSR 265-9.070 - Hours of Service

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the requirements of
				  the rule and eliminates unnecessarily restrictive wording.
(1) This rule applies to every employee who
				operates a train on the main line or is directly involved in controlling the
				operations of a train on the main line of a rail fixed guideway system (RFGS).
				No RFGS may require or allow any of these employees to perform work in excess
				of the allowable hours established in this rule.
(2) No employee will be required or allowed
				to continue on duty or to go on duty until the employee has had at least ten
				(10) consecutive hours off duty, if that employee has been continuously on duty
				for twelve (12) hours or more.
(3)
				Time on duty commences when an employee begins to work or is required to be in
				readiness to work and continues until the time the employee is relieved from
				work and all responsibility for performing work. Time on duty includes:
(A) Interim periods of rest less than or
				equal to one (1) hour; and
(B) Time
				spent in the transportation of an employee to a duty assignment, except that
				time spent transporting an employee from a duty point of final release is not
				counted.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 9 - Rail Fixed Guideway Systems › Section 7 CSR 265-9.090

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 389.1005, RSMo 1996; and 622.027, RSMo
					 1985, amended 1993, 1995.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 9 - Rail Fixed Guideway Systems › Section 7 CSR 265-9.110 - Rail-Highway Grade Crossing Warning Devices

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates references to the
				  Manual on Uniform Traffic Control Devices.
(1) The division incorporates by reference in
				this rule Part 8 of the Manual on Uniform Traffic Control Devices (2009 edition
				including Revisions 1 and 2), which is incorporated herein by reference and
				made a part of this rule as published by the Federal Highway Administration,
				United States Department of Transportation, 400 7th Street SW, Room 3408,
				Washington, DC 20590, website:
https://mutcd.fhwa.dot.gov/pdfs/2009r1r2/mutcd2009r1r2edition.pdf
and makes it applicable to rail fixed guideway systems (RFGS). This rule does
				not incorporate any subsequent amendments or additions of this manual. Part 8,
				entitled "Traffic Control for Railroad and Light Rail Transit Grade Crossings,"
				establishes standards for the design, installation, and operation of
				rail-highway grade crossing warning devices. The commission recommends that the
				standards in Part 8 be applied in the installation of all grade crossing
				warning systems on RFGSs in Missouri, unless otherwise provided by rule of the
				commission or order of the division.
*Original authority: 389.1005, RSMo 1996 and 622.027, RSMo
					 1985, amended 1993, 1995.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 9 - Rail Fixed Guideway Systems › Section 7 CSR 265-9.130 - Visual Obstructions at Public Grade Crossings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the requirements of
				  the rule and eliminates unnecessarily restrictive wording.
(1) It is the duty of every rail fixed
				guideway system (RFGS) operating within Missouri to maintain right of way at
				public rail-highway grade crossings so that it will be reasonably clear of
				vegetation, undergrowth, and other debris for a distance of two hundred fifty
				feet (250') each way from the crossings.
(2) No sign, buildings, or other structures
				either temporary or permanent may be erected on the right of way of any RFGS
				within two hundred fifty feet (250') each way from any rail-highway grade
				crossing where the sign, building, or other structure would materially obscure
				approaching trains from the view of travelers on the highway, unless otherwise
				authorized by this division.
*Original authority: 389.1005, RSMo 1996 and 622.027, RSMo
					 1985, amended 1993, 1995.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 9 - Rail Fixed Guideway Systems › Section 7 CSR 265-9.140

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 389.1005, RSMo 1996 and 622.027, RSMo
					 1985, amended 1993, 1995.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 9 - Rail Fixed Guideway Systems › Section 7 CSR 265-9.150

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 389.1005, RSMo 1996 and 622.027, RSMo
					 1985, amended 1993, 1995.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 10 - Motor Carrier Operations › Section 7 CSR 265-10.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes definitions for certain
				  words and terms used in the rules within 7 CSR 265-10 and interprets certain
				  words and terms as used in Chapters 386, 387, and 390, RSMo.
(1) As used in this chapter; in 7 CSR 265-2;
				and in Chapters 386, 387, and 390, RSMo, unless the context clearly requires
				otherwise, the following words and terms mean:
(A) Civil subdivision means a political
				subdivision, public corporation, or quasi-corporation, or public governmental
				entity, which is established by law exclusively for public purposes. The term
				includes every county, township, municipality, incorporated town and village;
				public school district; road district; library district; drainage; sewer or
				levee district; fire district; county sports complex authority; special taxing
				district for public works or public improvements; soil and water conservation
				district; watershed subdistrict; board of control of a public art museum; other
				public boards, commissions and districts established by law, and their
				officers, agents, and employees acting within the lawful scope of their
				official duties. The taxing power is not a prerequisite to being a civil
				subdivision, but possession of lawful taxing power creates a presumption that
				the possessor is a civil subdivision;
(B) Commission means the Missouri Highways
				and Transportation Commission;
(C)
				Contract carrier means a person who engages in the transportation of passengers
				or property by motor vehicle upon the public highways for hire or compensation
				under individual, continuing contracts, or agreements. Contracts for the
				transportation of passengers or household goods shall meet the requirements as
				in Chapters 387 and 390, RSMo. The initial contract(s) for the transportation
				of passengers shall be filed with the commission along with the application for
				authority.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 10 - Motor Carrier Operations › Section 7 CSR 265-10.015 - Application Requirements for the Issuance and Transfer of Intrastate Motor Carrier Authority

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment updates language
				  regarding proper registration and removes unnecessary language regarding
				  transfers.
(1) Applicability.
				Every application for the issuance or transfer of a common carrier certificate
				under section
				390.051,
				RSMo, a contract carrier permit under section
				390.061,
				RSMo, or both; the issuance of temporary authority under section
				390.081,
				RSMo; or a property carrier registration under Chapter 622, RSMo, which
				authorizes the transportation of passengers or property on the public highways
				in Missouri intrastate commerce shall be filed in conformity with the
				requirements of this rule and other rules of the commission whenever
				applicable.
(2) Application Form.
				The applicant, or an authorized representative of the applicant under oath or
				penalty of perjury shall complete, verify, and file an application using a form
				approved by the commission or the filing of required information through the
				commission's secured motor carrier web system.
(3) Required Documentation. The commission
				shall not consider for final determination the request of the applicant until
				the commission has received the following required documentation:
(A) Completed application form;
(B) Filing of proof of insurance in
				accordance with the requirements of section
				390.126,
				RSMo, and commission rules
				7 CSR 265-10.030 and
				7 CSR
				265-10.035;
(C) Payment of vehicle licensing fees in
				accordance with section
				390.136,
				RSMo, and commission rule
				7 CSR
				265-10.020;
(D) Confirmation that the applicant is
				properly registered and in good standing as required by law with the Office of
				the Missouri Secretary of State;
(E) Filed an approved tariff and time
				schedule for the transportation of passengers other than in charter
				service;
(F) Confirmation that the
				applicant is properly registered with the United States Department of
				Transportation (USDOT);
(G) A copy
				of each executed contract for every contracting party listed in the
				application; and
(H) Certification
				of workers' compensation coverage.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 10 - Motor Carrier Operations › Section 7 CSR 265-10.015 - Application Requirements for the Issuance and Transfer of Intrastate Motor Carrier Authority

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the rule to match the
				  current submission of Intrastate Motor Carrier Authority applications
				  electronically through the commission's secure MoDOT Carrier Express business
				  application.
(1)
				Applicability. Every application for the issuance or transfer of a common
				carrier certificate under section
				390.051,
				RSMo, a contract carrier permit under section
				390.061,
				RSMo, or both; the issuance of temporary authority under section
				390.081,
				RSMo; or a property carrier registration under Chapter 622, RSMo, which
				authorizes the transportation of passengers or property on the public highways
				in Missouri intrastate commerce shall be filed in conformity with the
				requirements of this rule and other rules of the commission whenever
				applicable.
(2) Application Form.
				The applicant or an authorized representative of the applicant under oath or
				penalty of perjury shall complete, verify, and electronically file an
				application using the commission's secure MoDOT Carrier Express business
				application.
(3) Required
				Documentation. The commission shall not consider for final determination the
				request of the applicant until the commission has received the following
				required documentation:
(A) Completed
				application form;
(B) Filing of
				proof of insurance in accordance with the requirements of section
				390.126,
				RSMo, and commission rules
				7 CSR 265-10.030 and
				7 CSR
				265-10.035;
(C) Payment of vehicle licensing fees in
				accordance with section
				390.136,
				RSMo, and commission rule
				7 CSR
				265-10.020;
(D) Confirmation that the applicant is
				properly registered and in good standing as required by law with the Office of
				the Missouri Secretary of State;
(E) Filed an approved tariff and time
				schedule for the transportation of passengers other than in charter
				service;
(F) Confirmation that the
				applicant is properly registered with the United States Department of
				Transportation (USDOT);
(G) A copy
				of each executed contract for every contracting party listed in the
				application; and
(H) Certification
				of workers' compensation coverage.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 10 - Motor Carrier Operations › Section 7 CSR 265-10.020 - Licensing of Vehicles

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed rule prescribes the
				  requirements and procedures for the licensing of vehicles operated on public
				  highways in interstate or intrastate commerce within the jurisdiction of the
				  commission.
(1) License
				Requirement. No motor carrier shall operate any motor vehicle on the public
				highways in Missouri in intrastate commerce unless information has been
				received as required on the license application forms as published by the
				Missouri Highways and Transportation Commission, Motor Carrier Services
				Division; fees have been paid; and the annual license or seventy-two (72) hour
				license is carried in the vehicle. The mere presence of a regulatory license,
				issued by the commission or organization approved by the commission to sell its
				regulatory licenses on its behalf, on a vehicle does not authorize any person
				to operate as a motor carrier. Exceptions: Not-for-profit corporations
				transporting passengers other than charter service and every motor carrier
				required to comply with the regulatory requirements of the Unified Carrier
				Registration (UCR) Agreement promulgated by the Unified Registration Board of
				Directors are not required to comply with this rule.
(2) Invalid License. Any license which has
				been altered or changed in any way shall not be valid.
(3) Expiration of Regulatory Licenses. All
				annual regulatory licenses issued pursuant to this rule shall be effective from
				January 1 through December 31 of the year for which they are issued, and shall
				expire at 12:01 A.M. on the first day of January in the next year succeeding
				the year for which they were issued. Seventy-two (72) hour licenses expire
				seventy-two (72) hours from the issued time of the license.
(4) Transfer of Regulatory Licenses. If the
				vehicle is sold during a license year, the commission may reissue without
				charge, upon request by the transferor, the annual license for any replacement
				vehicle purchased by the motor carrier. The regulatory license will not be
				valid for the transferee of the vehicle.
(5) Failure to Purchase an Annual License-
				The commission may immediately suspend the intrastate authority of the motor
				carrier in accordance with the commission's applicable procedures for
				suspension, for failure to purchase an annual license. Any further operation by
				the motor carrier of any motor vehicle upon the public highways in this state
				shall be unlawful until compliance with this rule and a reinstatement by the
				commission has been issued.
*Original authority: 226.008, RSMo 2002; 390.041, RSMo
					 1939, amended 1951, 1984, 1986, 1988; 390.136, RSMo 1939, amended 1951, 1969,
					 1975, 1984, 1986, 1988, 2004; 390.138, RSMo 1955, amended 1986; and 622.027,
					 RSMo 1985, amended 1993, 1995.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 10 - Motor Carrier Operations › Section 7 CSR 265-10.025 - Marking of Vehicles

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment revises the publication date
				  of section 390.21 of Title 49, Code of Federal Regulations, which is
				  incorporated by reference into this rule.
(1) Vehicle Markings. Every motor vehicle
				operated by a motor carrier in intrastate commerce under any property carrier
				registration, certificate, or permit issued by the Missouri Highways and
				Transportation Commission shall be marked in conformity with the requirements
				of section 390.21 of Title 49, Code of Federal Regulations (CFR) Part 390. The
				commission incorporates by reference in, and makes a part of this rule, the
				provisions of Title  49 CFR Part 390.21  as published by the United States
				Government Publishing Office, 732 North Capitol Street NW, Washington DC 20401,
				on August 14, 2019. This rule does not incorporate any subsequent amendments or
				additions to  49 CFR Part 390.21 . Motor carriers operating a nonCommercial
				Driver's License (CDL) passenger-carrying vehicle having a capacity of fifteen
				(15) passengers or less, excluding the driver, may display on the vehicle's
				rear bumper, rear window, or otherwise on the rear of the vehicle, the United
				States Department of Transportation (USDOT) number assigned to the motor
				carrier, which shall be marked so it is readily legible during daylight hours
				from a distance of fifty feet (50') while a Commercial Motor Vehicle (CMV) is
				stationary and shall contrast sharply in color with the background on which the
				figures are placed.
(2) If the
				carrier is engaged in intrastate operations only as authorized by the
				commission, the carrier is required to include in the vehicle markings the
				letters "MO" immediately following the carrier's USDOT number.
(3) If an intrastate motor carrier sells,
				assigns, or otherwise transfers a motor vehicle subject to the provisions of
				this rule, the seller shall first remove its required markings from the
				vehicle.
*Original authority: 622.027, RSMo 1985, amended 1993,
					 1995.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 10 - Motor Carrier Operations › Section 7 CSR 265-10.035 - Application for a Self-Insurer Status

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes an obsolete form and
				  replaces it with a form that meets current needs.
(1) Motor carriers operating in intrastate
				commerce filing an application for authority to become a self-insurer shall
				file an application with the director of the division. Every application shall
				include a completed Application for Self-Insurer Status Form, included herein,
				and whenever applicable shall include completed Exhibits A, B, C, D, and E, as
				described in the application form. The application may include additional
				supporting information, which shall not repeat or duplicate the information
				required in Application for Self-Insurer Status Form or Exhibits A, B, C, D,
				and E. Photocopies of the form and exhibits are acceptable, if they are clearly
				legible.
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				  to view image
(2)
				Except as provided in section (3) of this rule, each motor carrier who has been
				granted authority by this division to be a self-insurer shall file, within
				sixty (60) days after the close of the previous calendar year, a balance sheet,
				income statement, and a statement listing any claims filed against the motor
				carrier which arose out of any accidents the motor carrier was involved in
				during its operations in the previous calendar year, and any unresolved claims
				which arose out of accidents during previous years. For each claim listed, the
				applicant shall state the amount, nature, and status of the claim including
				whether it is disputed or undisputed and how much of it remains
				unpaid.
(3) Any carrier whose
				self-insurance plan has been approved by the Federal Motor Carrier Safety
				Administration (FMCSA) shall file with this division-
(A) The FMCSA order approving its
				self-insurance plan; and
(B)
				Immediate notice of any proceeding or action by the FMCSA which could result in
				the suspension, revocation, or termination of its self-insurance
				plan.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 10 - Motor Carrier Operations › Section 7 CSR 265-10.040 - Motor Vehicle Leasing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed rule prescribes requirements
				  to properly identify leased motor vehicles and drivers when they operate under
				  authority issued by the commission, to ensure that leased vehicles operated by
				  motor carriers are safely equipped, maintained, and operated, and properly
				  insured and licensed, and to prevent the evasion of motor carrier regulatory
				  requirements through regulating the leasing of motor vehicles under certain
				  circumstances.
(1)
				Definitions.
(A) "Lessee" means the person who
				received possession and control of the vehicle.
(B) "Lessor" means the vehicle's titled owner
				or lessee who subleases to another lessee.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 10 - Motor Carrier Operations › Section 7 CSR 265-10.045 - Passenger Service Requirement

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes certain service
				  requirements for motor carriers of passengers.
(1) Motor carriers of passengers shall keep
				all passenger-carrying vehicles in a clean and sanitary condition while in
				operation and shall provide and maintain adequate restrooms and facilities, or
				shall stop at locations with public restrooms that are clean and sanitary, at
				sufficient intervals and for sufficient periods of time for the reasonable
				accommodation of passengers.
(2)
				Each passenger-carrying vehicle operated intrastate over a regular route or
				between fixed terminals shall have attached to the front of the vehicle a sign,
				with letters or figures not less than four inches (4") in height, designating
				the destination of the vehicle.
(3)
				The driver or operator of any motor vehicle may refuse transportation to any
				person if that person-
(A) Is intoxicated,
				using profane language or behaving in a disorderly manner;
(B) Affected with a contagious
				disease;
(C) Presenting an
				unsanitary condition so as to unduly annoy other passengers;
(D) Aged under six (6) years and
				unaccompanied by an adult;
(E) Has
				not paid the regular fare; or
(F)
				Causes the vehicle to exceed its loaded capacity.