reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 25 - Motor Carrier Operations › Section 7 CSR 10-25.072 - Fuel Tax Returns

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment removes unnecessary
				  language and allows eligible licensees to file their four (4) quarterly tax
				  returns at once.
(1) The
				licensee shall file a return with the commission each calendar quarter.
				Quarterly returns required to be filed by this rule and the agreement shall be
				filed as follows:
(A) First quarter returns
				are due on or before April 30;
(B)
				Second quarter returns are due on or before July 31;
(C) Third quarter returns are due on or
				before October 31; and
(D) Fourth
				quarter returns are due on or before January 31.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 25 - Motor Carrier Operations › Section 7 CSR 10-25.072 - Fuel Tax Returns

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the rule to match the
				  commission's current practice of accepting International Fuel Tax Agreement
				  (IFTA) returns electronically through the commission's secure MoDOT Carrier
				  Express business application, to allow flexibility in decisions regarding the
				  posting of bonds when IFTA license holders resolve delinquent accounts, and to
				  allow the commission to return bond monies to IFTA licensees
				  proactively.
(1) The licensee
				shall file a return with the commission each calendar quarter. Quarterly
				returns required to be filed by this rule and the agreement shall be filed as
				follows:
(A) First quarter returns are due on
				or before April 30;
(B) Second
				quarter returns are due on or before July 31;
(C) Third quarter returns are due on or
				before October 31; and
(D) Fourth
				quarter returns are due on or before January 31.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 25 - Motor Carrier Operations › Section 7 CSR 10-25.073 - Record Keeping Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the records required to
				  be kept by licensees under the International Fuel Tax
				  Agreement.
(1) A licensee
				shall maintain sufficient records to substantiate any fuel tax return filed
				with the commission.
(2) A complete
				record of all fuel purchased, received and used in its operations shall be
				maintained by each licensee for a period of not less than four (4) years from
				the date of the return to which the records are applicable. Fuel records at a
				minimum, shall contain, the following:
(A)
				Date of each receipt of fuel;
(B)
				Name and address of the person/entity from whom the fuel was purchased or
				received;
(C) Number of
				gallons/liters received and the price per gallon/liter;
(D) Type of fuel;
(E) Identity of vehicle or equipment into
				which the fuel was placed; and
(F)
				Purchaser's name.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 25 - Motor Carrier Operations › Section 7 CSR 10-25.073 - Record Keeping Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment authorizes the commission to
				  keep International Fuel Tax Agreement records within computerized or condensed
				  record storage.
(1) A licensee
				shall maintain sufficient records to substantiate any fuel tax return filed
				with the commission.
(2) A complete
				record of all fuel purchased, received and used in its operations shall be
				maintained by each licensee for a period of not less than four (4) years from
				the date of the return to which the records are applicable. Fuel records at a
				minimum, shall contain, the following:
(A)
				Date of each receipt of fuel;
(B)
				Name and address of the person/entity from whom the fuel was purchased or
				received;
(C) Number of
				gallons/liters received and the price per gallon/liter;
(D) Type of fuel;
(E) Identity of vehicle or equipment into
				which the fuel was placed; and
(F)
				Purchaser's name.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 25 - Motor Carrier Operations › Section 7 CSR 10-25.090 - Appeals

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment allows those participating in
				  an informal review of a decision of the commission regarding the assessment of
				  any tax, penalties, or interest under the agreement or plan the option to
				  attend by video conference in addition to in person, in writing, or by
				  telephone.
(1) A
				licensee/registrant may request an informal review of a decision of the
				commission regarding the assessment of any tax, penalties or interest under the
				Agreement or Plan or of any suspension, revocation, cancellation or denial of a
				license, except a decision resulting from an audit, within thirty (30) days of
				issuance of an initial determination.
(2) The informal review may be conducted in
				person, in writing, by video conference, or by telephone with Missouri
				Department of Transportation, Motor Carrier Services Division, personnel
				delegated such authority by the commission.
(3) In the event that the informal review is
				unable to resolve the dispute between the commission and the
				licensee/registrant, the initial determination shall become the final decision
				of the commission.
(4) Upon
				issuance of a final decision of the commission, a licensee/registrant may file,
				within thirty (30) days of the date of the decision or receipt, whichever is
				earlier, a written appeal of the decision with the Administrative Hearing
				Commission, PO Box 1557, Jefferson City, MO 65102-1557.
(5) A licensee/registrant shall renew his/her
				license/registration, if applicable, and shall continue to file all
				returns/applications not under appeal pending the determination of the
				Administrative Hearing Commission.
*Original authority: 142.617, RSMo 1988, amended 1998;
					 226.130, RSMo 1939, amended 1993, 1995; 226.008, RSMo 1988, amended 1993, 2002;
					 and 301.275, RSMo 1958.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 26 - Arbitration and Mediation of Construction Disputes › Section 7 CSR 10-26.020 - Mediation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment clarifies how the
				  existing claims process or procedures will be used.
(1) Any claim, whether or not it is
				arbitrable under section
				226.096,
				RSMo, may be mediated by any method agreed to by the parties, if both parties
				agree, provided such claim shall follow the claims (process or procedures)
				established in section
				226.096,
				RSMo.
*Original authority: 226.096, RSMo 2003; 226.130, RSMo
					 1939, amended 1993, 1995 and 536.016, RSMo 1997, amended
					 1999.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 27 - David's Law Signing › Section 7 CSR 10-27.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides definitions of terms
				  applicable to David's Law authorizing drunk driving victim memorial
				  signs.
(1) Applicant-The
				person requesting the installation of a drunk driving victim memorial sign and
				who must be an immediate family member of the victim or have written consent
				from an immediate family member to submit the application on his/her
				behalf.
(2) Application-The
				document developed and posted on the department's website for the sole purpose
				of gathering information from the applicant requesting a drunk driving victim
				memorial sign to determine if the request qualifies for a drunk driving victim
				memorial sign.
(3) Commission-The
				Missouri Highway and Transportation Commission.
(4) Department-The Missouri Department of
				Transportation.
(5) Immediate
				family member-A spouse, child, stepchild, brother, stepbrother, sister,
				stepsister, mother, stepmother, father, or stepfather.
(6) Intoxicated-The person who was shown to
				have been operating a motor vehicle at the time of a motor vehicle accident and
				was either:
1) in violation of section
				577.012
				or
				577.010,
				RSMo; or
2) was committing an
				intoxication-related traffic offense, as that term is defined in section
				577.023.1(3), RSMo; or
3) less than
				twenty-one (21) years of age and determined to be operating a motor vehicle
				with two-hundredths of one-percent or more blood alcohol content; or
4) determined to be operating a commercial
				motor vehicle and either driving under the influence of alcohol or driving
				under the influence of a controlled substance, as these terms are defined in
				section
				302.700,
				RSMo.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 27 - David's Law Signing › Section 7 CSR 10-27.020 - Eligibility

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment proposes editorial changes
				  for clarity and removal of restrictive language.
(1) A sign may only be installed in memory of
				an individual who died in Missouri as a result of a motor vehicle accident
				caused by a person who was shown to have been operating a motor vehicle while
				intoxicated.
(2) Intoxicated
				individuals killed while operating a motor vehicle are not eligible for this
				program.
(3) Only one (1) sign may
				be requested and installed for each drunk driving victim.
*Original authority: 227.295, RSMo
					 2009.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 27 - David's Law Signing › Section 7 CSR 10-27.030 - Sign Design and Installation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides the design and
				  installation requirements for drunk driving victim memorial signs under David's
				  Law.
(1) A sign shall only be
				installed on Missouri state highways.
(2) Only the commission has the authority to
				install drunk driving victim memorial signs on state highways. No other
				adornment, landscaping, or modification of the sign or ground around the sign
				shall be permitted.
(3) The sign
				will be installed as close as possible to the location where the crash
				occurred, on the right side of the roadway, in the direction of travel on that
				roadway where the accident occurred.
(4) The placement of the sign shall not
				interfere with other signs, traffic control devices, or other safety
				devices.
(5) The sign will be
				installed with the sign face parallel to the lanes of the roadway in a location
				that will not increase the difficulty in maintaining the right of way,
				typically placed at the edge of the mowing boundary.
(6) The sign design will consist of a blue
				background with white legend. The sign will contain the following legend
				without variation:
(A) "DRUNK DRIVING
				VICTIM";
(B) First, middle, and
				last initials of the victim's name;
(C) Numbers representing the month and year
				the victim died; and
(D) "THINK
				ABOUT IT."
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 60 - Highway Safety and Traffic Division › Chapter 1 - Motorcycle Safety Education Program › Section 7 CSR 60-1.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines terms used in the rules
				  which pertain to the administration and operations of the Motorcycle Safety
				  Education Program.
(1)
				Commission-Missouri Highways and Transportation Commission created by article
				IV, section 29, of the Missouri Constitution which oversees the Missouri
				Department of Transportation.
(2)
				Department-Missouri Department of Transportation.
(3) Division-Highway Safety and Traffic
				Division. A division within the department responsible for administering
				motorcycle rider training and safety program according to
				7 CSR
				60-1.010 through
				7 CSR
				60-1.040. A designee under contract with the
				commission and selected by the division may administer the program on the
				division's behalf.
(4) Entry-level
				course-A course of instruction in motorcycle operation designed to meet the
				training requirement to obtain a Class M driver's license or endorsement issued
				by the Missouri Department of Revenue.
(5) Instructor-An individual approved by the
				division to teach motorcycle operator training courses in Missouri.
(6) Minor-Any person aged fifteen and
				one-half (15 1/2) years (calculated as 15 years and 182 days) the first day of
				the course but less than eighteen (18) years old when the course is
				completed.
(7) Motorcycle rider
				training program-A training and safety program which provides knowledge,
				skills, and safety relating to the operation of motorcycles to all
				motorcyclists in this state. This program also provides public information
				regarding motorcycle safety including sharing the roadway with
				motorcycles.
(8) Motorcycle
				training school-An approved public or private entity contracted by the
				commission to provide motorcycle rider training on a regular basis. A
				motorcycle training school is not an agent, servant, or employee of the
				commission, department, or the state of Missouri.
(9) Non-license-waiver course-A course of
				instruction in motorcycle operation for experienced motorcyclists that is not
				an entry-level course.
(10)
				Range-The area of a training site where on-cycle training is
				conducted.
(11) Quality Assurance-A
				process to ensure compliance with state program requirements as set forth in
				7 CSR
				60-1.020 and promote continuous improvement of the
				program.
*Original authority: 302.134, RSMo
					 1995.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 60 - Highway Safety and Traffic Division › Chapter 1 - Motorcycle Safety Education Program › Section 7 CSR 60-1.020 - Program Sponsor

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the standards for an
				  approved motorcycle training school.
(1) Motorcycle Training School-Eligibility.
				An entity seeking approval as an approved motorcycle training school shall-
(A) Submit a completed application on the
				form prescribed by the division;
(B) Provide a list of all individuals
				employed by the entity and participating in motorcycle training program.
				Individuals employed by the entity and participating in motorcycle train- ing
				program must consent to a name search conducted using the Missouri Automated
				Criminal History System, the cost of which is to be borne by the
				entity;
(C) Provide a list of all
				real property that will be used to meet the training site requirements and
				proof that the entity owns, or possesses written authorization by the owner to
				use, such real property;
(D)
				Provide a list of motorcycles, if any, that will be available for student use,
				including the year, make, model, and vehicle identification number (VIN) of
				each motorcycle;
(E) Provide a list
				of the division-approved courses the entity intends to offer and proof of
				ownership of, or authority to offer, each course; and
(F) Provide a list of instructors employed
				by, or contracted with, the entity.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 60 - Highway Safety and Traffic Division › Chapter 1 - Motorcycle Safety Education Program › Section 7 CSR 60-1.030 - Motorcycle Training School Instructor

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the standards for an
				  approved motorcycle training school instructor.
(1) Instructor Eligibility. To be eligible
				for approval as an instructor, an applicant must-
(A) Be at least eighteen (18) years
				old;
(B) Submit a completed
				application on the form prescribed by the division;
(C) Not have been convicted during the
				preceding three (3) years of three (3) or more moving violations as defined in
				section 302.010, RSMo, including
				violations that resulted in an accident;
(D) The applicant must consent to a name
				search conduct- ed using the Missouri Automated Criminal History System, the
				cost of which is to be borne by the applicant, or provide the results of a
				substantially similar search conducted by another state no more than thirty
				(30) days prior to the application;
(E) Possess a valid motor vehicle driver
				license with a motorcycle endorsement or the equivalent issued by another
				state;
(F) Not have been convicted
				during the preceding three (3) years of the offense of driving while
				intoxicated (DWI), in violation of section
				577.010, RSMo; and
(G) The above requirements outlined in
				section (1) also apply to out-of-state instructor applicants.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 60 - Highway Safety and Traffic Division › Chapter 1 - Motorcycle Safety Education Program › Section 7 CSR 60-1.040 - Student Admission Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the standards for
				  student admission into the motorcycle training school.
(1) Student Requirements.
(A) Motorcycle entry-level training courses
				are open to any person who is at least fifteen and one-half (15 1/2) years old
				on the day the course begins. The student must provide proof of identification
				in the form of a state-issued driver license, graduated driver license (GDL),
				driving instructional permit, or identification in order to obtain a license
				testing waiver.
(B) A prospective
				student younger than eighteen (18) years of age seeking admission to an
				authorized motorcycle training school must provide the motorcycle training
				school with a letter or form consenting to the student's participation as a
				student in the course and to receive medical treatment for any injury that may
				occur at the motorcycle training school executed by the student's parent or
				legal guardian.
(C) Prior to
				admitting an individual to an entry-level course, a motorcycle training school
				must inform the individual that-
1. A student
				whose riding performance creates an unmanageable danger on the range, as
				determined in the sole discretion of the instructor, will be removed from the
				course and is not entitled to additional attempts to successfully complete the
				riding skills test; and
2.
				Experienced rider courses are restricted to individuals with a current
				motorcycle Class M driver license or motorcycle endorsement. Each student must
				provide his/her own motorcycle that meets the requirements of subsections
				(3)(A)- (E) of this rule, below.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 60 - Highway Safety and Traffic Division › Chapter 2 - Breath Alcohol Ignition Interlock Device Certification and Operational Requirements › Section 7 CSR 60-2.020 - Approval Procedure

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment adds a provision to allow a
				 breath alcohol ignition interlock manufacturer whose device is not currently
				 approved in the State of Missouri to submit such device for approval by the
				 division no more than two (2) times a year and the manufacturer must wait six
				 (6) months from the date of the second written denial before submitting an
				 additional device for approval.
(1) The manufacturer shall submit the
				following information.
(A) Submit a letter on
				the manufacturer's letterhead requesting approval of the breath alcohol
				ignition interlock device. If the manufacturer's letterhead is not used, then
				provide the name and business address of the company. The letter should be
				signed by an authorized representative of the company. In the letter-
1. Identify the name and model number of the
				device;
2. Provide the applicant's
				toll-free customer service/question/complaint hot-line number; and
3. Certify that the device-
A. Is programmed according to the standards
				and specifications found in
				7 CSR
				60-2.030 and capable of meeting the requirements found
				in
				7 CSR
				60-2.040 and
				7 CSR
				60-2.050;
B. Does not impede the safe operation of the
				vehicle;
C. Minimizes opportunities
				to circumvent the device;
D.
				Prevents an operator from starting a vehicle when the operator has a breath
				alcohol concentration which meets or exceeds the alcohol set point;
				and
E. Is not the subject of any
				action to disallow and has never been disallowed for use in another state. If
				the applicant cannot certify as directed in this subparagraph, then identify
				the state(s) where the device has been disallowed or an action is
				pending.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 60 - Highway Safety and Traffic Division › Chapter 2 - Breath Alcohol Ignition Interlock Device Certification and Operational Requirements › Section 7 CSR 60-2.030 - Standards and Specifications

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment adds language prohibiting the
				 breath alcohol concentration percentage result to be visible to the operator of
				 the motor vehicle and removes outdated language that unduly limited ISO
				 certification of breath alcohol ignition interlock device manufacturers or
				 assemblers to an expired six- (6-) month date range.
(1) Device standards and specifications. To
				be certified, a breath alcohol ignition interlock device must-
(A) General-
1. Meet or exceed the standards established
				by the United States Department of Transportation, National Highway Traffic
				Safety Administration, identified as "Model Specifications for Breath Alcohol
				Ignition Interlock Devices" 78 FR 26849-26867 as published in the Federal
				Register on May 8, 2013, by the National Highway Traffic Safety Administration,
				1200 New Jersey SE, Washington, DC 20590 and effective March 8, 2014, and 80 FR
				16720-16723 as published in the Federal Register on March 30, 2015, and
				effective March 30, 2015, which are hereby incorporated by reference and made a
				part of this rule. This paragraph does not incorporate any subsequent
				amendments or additions to this publication;
2. Be manufactured or assembled by an entity
				which possesses an accredited ISO 9001 certification;
3. Have electro-chemical fuel cell sensor
				technology or other advanced technology approved by the department;
4. Not be affected by humidity, dust,
				electromagnetic interference, smoke, exhaust fumes, food substance, or normal
				automobile vibration when used in accordance with device
				instructions;
5. Audibly or
				visually indicate when a 1.5 liter breath sample has been collected. The
				division, at its discretion, may permit the adjustment of the breath volume
				requirement to as low as 1.2 liter, when provided documentation from a licensed
				physician verifying an applicable medical condition. The physician's
				documentation will be submitted in a format approved by the division. Upon
				review, the division will notify the operator in writing of approval or denial
				of a lowered breath volume;
6.
				Permit a vehicle to be restarted without requiring an additional breath test
				for three (3) minutes after the ignition has been turned off or the vehicle has
				stalled, except when the operator has failed to take a running retest or has
				provided a breath sample which meets or exceeds the alcohol setpoint;
7. Have an anti-circumvention feature
				activated to deter bogus breath samples;
8. Display on a label the message: "WARNING!
				ANY PERSON TAMPERING, CIRCUMVENTING, OR OTHERWISE MISUSING THIS DEVICE IS
				GUILTY OF A CLASS A MISDEMEANOR";
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 60 - Highway Safety and Traffic Division › Chapter 2 - Breath Alcohol Ignition Interlock Device Certification and Operational Requirements › Section 7 CSR 60-2.030 - Standards and Specifications

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment permits the manufacturer, at
				  its discretion, the adjustment of the breath volume requirement to as low as
				  1.2 liter on its device. The addition of aftermarket lighting installation in
				  the cabin of the vehicle for hearing impaired has been added, and a requirement
				  of a second follow-up test after a positive breath sample has been
				  added.
(1) Device standards
				and specifications. To be certified, a breath alcohol ignition interlock device
				must-
(A) General-
1. Meet or exceed the standards established
				by the United States Department of Transportation, National Highway Traffic
				Safety Administration, identified as "Model Specifications for Breath Alcohol
				Ignition Interlock Devices" 78 FR 26849-26867 as published in the
Federal Register
on May 8, 2013, by the National Highway
				Traffic Safety Administration, 1200 New Jersey SE, Washington, DC 20590 and
				effective March 8, 2014, and 80 FR 16720-16723 as published in the
Federal Register
on March 30, 2015, and effective March 30,
				2015, which are hereby incorporated by reference and made a part of this rule.
				This paragraph does not incorporate any subsequent amendments or additions to
				this publication;
2. Be
				manufactured or assembled by an entity which possesses an accredited ISO 9001
				certification;
3. Have
				electro-chemical fuel cell sensor technology or other advanced technology
				approved by the department;
4. Not
				be affected by humidity, dust, electromagnetic interference, smoke, exhaust
				fumes, food substance, or normal automobile vibration when used in accordance
				with device instructions;
5.
				Audibly or visually indicate when a 1.2 or 1.5 liter breath sample has been
				collected. The manufacturer, at its discretion, may permit the adjustment of
				the breath volume requirement to as low as 1.2 liter;
6. Permit a vehicle to be restarted without
				requiring an additional breath test for three (3) minutes after the ignition
				has been turned off or the vehicle has stalled, except when the operator has
				failed to take a running retest or has provided a breath sample which meets or
				exceeds the alcohol setpoint;
7.
				Have an anti-circumvention feature activated to deter bogus breath
				samples;
8. Display on a label the
				message: "WARNING! ANY PERSON TAMPERING, CIRCUMVENTING, OR OTHERWISE MISUSING
				THIS DEVICE IS GUILTY OF A CLASS A MISDEMEANOR";
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 60 - Highway Safety and Traffic Division › Chapter 2 - Breath Alcohol Ignition Interlock Device Certification and Operational Requirements › Section 7 CSR 60-2.040 - Responsibilities of Manufacturers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates electronic submission
				 requirements for manufacturers regarding update and comparison files for the
				 Department of Revenue.
(1) A
				manufacturer shall-
(A) Carry product
				liability insurance with minimum liability limits of one (1) million dollars
				per occurrence and three (3) million dollars aggregate total that includes
				coverage for defects in device design and materials as well as device
				manufacturing, calibration, installation, and removal;
(B) Indemnify and hold harmless the state of
				Missouri and its officers, employees, and agents from all claims, demands,
				actions, and costs whatsoever which may arise, directly or indirectly, out of
				any act or omission by the manufacturer or its authorized service providers
				relating to device installation, service, repair, use, or removal;
(C) Review all data downloaded from a device
				for any evidence, within the designated monitoring period, of violations reset,
				tampering, and/or circumvention as those terms are defined in
				7 CSR
				60-2.010;
(D) Provide testimony in any civil, criminal,
				or administrative proceeding or hearing on device manufacturing, function,
				testing protocol(s), and any report or information provided to the division,
				Department of Revenue, or court supervising authority;
(E) Retain all information obtained as a
				result of each calibration or inspection for a minimum of three (3) years from
				the date of device removal;
(F)
				Retain records of installation, calibration, downloads, service, removal, and
				their associated invoices for a minimum of three (3) years from the date of
				device removal;
(G) Provide, upon
				request and at no cost, informational materials on devices to the Division of
				Probation and Parole, the Circuit Courts, and the Department of Revenue for
				distribution to operators;
(H)
				Create a printed price list reflecting any and all fees related to ignition
				interlock services that are not covered in the lease agreement; and
(I) Document any evidence of tampering and
				circumvention and notify court supervising authority.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 60 - Highway Safety and Traffic Division › Chapter 2 - Breath Alcohol Ignition Interlock Device Certification and Operational Requirements › Section 7 CSR 60-2.040 - Responsibilities of Manufacturers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates record retention term
				  for manufacturers and expands quality assurance measures for manufacturers when
				  monitoring the operator's data.
(1) A manufacturer shall-
(A) Carry product liability insurance with
				minimum liability limits of one (1) million dollars per occurrence and three
				(3) million dollars aggregate total that includes coverage for defects in
				device design and materials as well as device manufacturing, calibration,
				installation, and removal;
(B)
				Indemnify and hold harmless the state of Missouri and its officers, employees,
				and agents from all claims, demands, actions, and costs whatsoever which may
				arise, directly or indirectly, out of any act or omission by the manufacturer
				or its authorized service providers relating to device installation, service,
				repair, use, or removal;
(C) Review
				all data downloaded from a device for any evidence, within the designated
				monitoring period, of violations reset, tampering, and/or circumvention as
				those terms are defined in
				7 CSR
				60-2.010;
(D) Review operator's downloaded data for
				quality assurance in the event a minimum of thirty (30) vehicle starts is not
				recorded, zero (0) miles is recorded driven, or negative vehicle miles traveled
				is recorded, compared to the previous service record;
(E) Provide testimony in any civil, criminal,
				or administrative proceeding or hearing on device manufacturing, function,
				testing protocol(s), and any report or information provided to the division,
				Department of Revenue, or court supervising authority;
(F) Retain all information obtained as a
				result of each calibration or inspection for a minimum of three (3) years from
				the date of device removal;
(G)
				Retain records of installation, calibration, downloads, service, removal, and
				their associated invoices for a minimum of five (5) years from the date of
				device removal;
(H) Provide, upon
				request and at no cost, informational materials on devices to the Division of
				Probation and Parole, the Circuit Courts, and the Department of Revenue for
				distribution to operators;
(I)
				Create a printed price list reflecting any and all fees related to ignition
				interlock services that are not covered in the lease agreement; and
(J) Document any evidence of tampering and
				circumvention and notify court supervising authority.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 60 - Highway Safety and Traffic Division › Chapter 2 - Breath Alcohol Ignition Interlock Device Certification and Operational Requirements › Section 7 CSR 60-2.060 - Device Suspension and Decertification

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment is for grammatical
				 changes.
(1) Suspension and
				Decertification. If a manufacturer does not comply with the requirements of 7
				CSR 60-2.030 through 7 CSR 602.050, then the division is authorized to suspend
				and/or decertify the manufacturer's device.
(2) Circumstances warranting suspension
				and/or decertification include, but are not limited to:
(A) Voluntary request by the
				manufacturer;
(B) Termination or
				cancellation of liability insurance;
(C) Modification or alteration of the
				components, design, installation, and operation instructions in such a way that
				the device no longer meets or exceeds the standards established by the United
				States Department of Transportation, National Highway Traffic Safety
				Administration, identified as "Model Specifications for Breath Alcohol Ignition
				Interlock Devices" 78 FR 26849-26867 as published in the Federal Register on
				May 8, 2013 by the National Highway Traffic Safety Administration, 1200 New
				Jersey SE, Washington, DC 20590 and effective March 8, 2014, and 80 FR
				16720-16723 as published in the Federal Register on March 30, 2015 and
				effective March 30, 2015, which are hereby incorporated by reference and made a
				part of this rule. This paragraph does not incorporate any subsequent
				amendments or additions to this publication;
(D) Defects in design, materials, or
				workmanship that appear to cause repeated device failures;
(E) Documented multiple device malfunctions
				and/or failures;
(F) Instances of
				device not meeting the standards and specifications of
				7 CSR
				60-2.030;
(G) Validated complaints from multiple
				operators concerning proper device operation;
(H) Instances of the manufacturer not meeting
				reporting requirements or any other requirements found in
				7 CSR
				60-2.030 through
				7 CSR
				60-2.050; and
(I) Manufacturer or its agent provides false,
				inaccurate, or misleading information relating to device specifications or
				performance.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 60 - Highway Safety and Traffic Division › Chapter 2 - Breath Alcohol Ignition Interlock Device Certification and Operational Requirements › Section 7 CSR 60-2.060 - Device Suspension and Decertification

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the inclusion of
				  authorized service centers to suspension and decertification
				  requirements.
(1) Suspension
				and Decertification. If a manufacturer does not comply with the requirements of
				7 CSR 60-2.030 through 7 CSR 60-2.050, then the division is authorized to
				suspend and/ or decertify the manufacturer's device. The division may also
				suspend and/or remove an authorized service provider as an eligible service
				location for failure to comply with the requirements of 7 CSR 60-2.030 through
				7 CSR 60-2.050.
(2) Circumstances
				warranting suspension and/or decertification include, but are not limited to:
(A) Voluntary request by the
				manufacturer;
(B) Termination or
				cancellation of liability insurance;
(C) Modification or alteration of the
				components, design, installation, and operation instructions in such a way that
				the device no longer meets or exceeds the standards established by the United
				States Department of Transportation, National Highway Traffic Safety
				Administration, identified as "Model Specifications for Breath Alcohol Ignition
				Interlock Devices" 78 FR 26849-26867 as published in the Federal Register on
				May 8, 2013 by the National Highway Traffic Safety Administration, 1200 New
				Jersey SE, Washington, DC 20590 and effective March 8, 2014, and 80 FR
				16720-16723 as published in the Federal Register on March 30, 2015 and
				effective March 30, 2015, which are hereby incorporated by reference and made a
				part of this rule. This paragraph does not incorporate any subsequent
				amendments or additions to this publication;
(D) Defects in design, materials, or
				workmanship that appear to cause repeated device failures;
(E) Documented multiple device malfunctions
				and/or failures;
(F) Instances of
				device not meeting the standards and specifications of
				7 CSR
				60-2.030;
(G) Validated complaints from multiple
				operators concerning proper device operation;
(H) Instances of the manufacturer not meeting
				reporting requirements or any other requirements found in
				7 CSR
				60-2.030 through
				7 CSR
				60-2.050; and
(I) Manufacturer or its agent provides false,
				inaccurate, or misleading information relating to device specifications or
				performance.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 60 - Highway Safety and Traffic Division › Chapter 3 - Driver-Improvement Program › Section 7 CSR 60-3.010 - Approval

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule
				 establishes an approval process for driver-improvement programs mandated by
				 section 302.178, RSMo.
(1)
				The Missouri Highways and Transportation Commission desig-nates the Missouri
				Department of Transportation's Highway Safety and TrafficDivision to choose a
				designee who will receive and process applications to provide a
				Driver-Improvement Program (DIP).
(2) The designee shall make a provider
				application available within five (5) business days of receipt of a written
				request.
(3) A course outline,
				instructor qualifications, and an assessment of training aids and facilities
				used by the program shall be submitted with the application.
(4) The designee shall review properly
				completed and submitted DIP applications and deny the application or issue a
				provider certificate within forty-five (45) working days of receipt. The
				designee shall issue a provider certificate upon satisfactory compliance of
				approval procedures and established criteria for DIPs. Each certificate shall
				be signed and have a unique identifying number.
(5) The signed certificate authorizes a
				provider's DIP for one (1) cal-endar year following the date of issuance. If
				the DIP varies signifi-cantly from the material submitted for approval, then
				authorization may be withdrawn upon thirty (30) days notice.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 8 - Railroads › Section 7 CSR 265-8.010 - Accidents

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment moves the rule from Title 4
				  to Title 7, incorporates the federal definition of hazardous material into the
				  rule, specifies when a railroad shall provide notice of an accident, updates
				  and incorporates the reference to federal regulations for hazardous material
				  reporting and accident reporting consistent with such federal regulations, and
				  eliminates unnecessary restrictive wording.
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) Every railroad and street railroad
				corporation engaged in business in this state is to give notice to this
				division of railroad accidents and incidents as set forth in this rule.
(A) The division will be furnished with
				prompt telephone notice, twenty-four (24) hours a day for the following
				accidents/incidents:
1. Hazardous material
				incident. For the purposes of this rule, the term hazardous material has the
				same meaning as found in Title 49, Code of Federal Regulations (CFR), Part
				171.8, which is incorporated herein by reference and made a part of this rule
				as published October 1, 2016 by the Pipeline and Hazardous Materials Safety
				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. Each incident that occurs during the
				course of transportation of hazardous materials (including loading, unloading,
				and temporary storage) in which as a direct result of hazardous materials-
A. A person is killed;
B. A person receives injuries requiring
				his/her hospitalization;
C.
				Estimated carrier or other property damage exceeds fifty thousand dollars
				($50,000);
D. Fire, breakage,
				spillage, or suspected radioactive contamination occurs involving shipment of
				radioactive material;
E. Fire,
				breakage, spillage, or suspected contamination occurs involving shipment of
				etiologic agents; or
F. A situation
				exists of a nature that, in the judgment of the carrier, it should be reported
				in accordance with subsection (1)(C) of this rule even though it does not meet
				the criteria of subparagraphs A., B., or C., of this paragraph 1., for example,
				a continuing danger to life exists at the scene of the incident;
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 8 - Railroads › Section 7 CSR 265-8.012 - Dedicated Railroad Telephone

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) Unless permission has been received from
				the division for a variance, every railroad operating within this state shall
				maintain an emergency telephone number twenty-four (24) hours a day at a
				location from which the railroad has immediate communication with the
				dispatcher or other railroad employees having control over the movement of
				trains.
(2) The railroad shall use
				the emergency telephone only for the purpose of receiving emergency
				communications and provide this division with the following:
(A) Number of the telephone;
(B) Location of the telephone; and
(C) Notice of any change to the telephone
				number or location ten (10) days prior to the change.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 8 - Railroads › Section 7 CSR 265-8.018 - Signs

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) All
				crossing warning signs, track switch position indicators, and close
				clearance-warning signs shall-
(A) Be covered
				with a retroreflectorized material to show the same shape and color by day or
				night;
(B) Use retroreflectorized
				material that meets or exceeds the minimum levels specified 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; and
(C) Be maintained in a
				reasonably clean condition and replaced when the signs have been moderately
				impaired by wear or damage.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 8 - Railroads › Section 7 CSR 265-8.020 - Track Switch Position Indicators

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment moves the rule from Title 4
				  to Title 7, eliminates all references in the rule to oil lamps because these
				  are no longer used in the railroad industry, updates terminology for
				  retroreflectivity, and eliminates unnecessary restrictive
				  wording.
(1) Railroads
				operating within Missouri may use on main line switches either
				retroreflectorized lenses or retroreflectorized targets in accordance with the
				provisions of this rule.
(2) Retroreflectorized
				targets used on main lines covered by the requirements of section
				389.710,
				RSMo, shall-
(A) Be mounted to show a red
				aspect that is at least one hundred forty (140) square inches in area whenever
				the switch is lined against the main line; and
(B) Meet the retroreflectivity and maintenance
				requirements in 7 CSR 265-8.018.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 8 - Railroads › Section 7 CSR 265-8.030 - Visual Obstructions at Public Grade Crossings

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) It shall be the duty of every
				corporation, company or person owning or operating any railroad or branch of a
				railroad in this state to maintain the railroad right-of-way at public grade
				crossings so that it will be reasonably clear of vegetation, undergrowth or
				other debris for a distance of two hundred fifty feet (250') each way from the
				crossings where those things would materially obscure approaching trains from
				the view of travelers on the highway.
(2) Railroads operating within Missouri are
				required to maintain certain minimum distances from the near edge railroad
				crossings to railroad rolling stock stored on sidings. Stored rolling stock as
				used in this rule means rolling stock not used for the pickup or delivery of
				freight and whose placement on a railroad-owned siding by a railroad is for the
				sole convenience of the railroad. The minimum distance for the storage of
				railroad rolling stock shall be two hundred fifty feet (250') unless the
				division determines a lesser or greater distance is necessary at a particular
				location and permits or orders a railroad to maintain the lesser or greater
				distance. If physical conditions require the use of a track temporarily or
				minimum distances cannot be obtained, then the provisions of this section shall
				not apply to-
(A) Cars placed for loading or
				unloading or awaiting removal after loading or unloading; and
(B) Bad order cars set out from
				trains.