Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 8 - Railroads › Section 7 CSR 265-8.040 - Transportation of Employees

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment moves the rule from Title 4
				  to Title 7, removes references to 1966 and 1985 vehicles, updates the division
				  name, removes a subsection duplicated elsewhere in the rule and eliminates
				  unnecessary restrictive language.
(1) This rule applies to every motor vehicle
				which is designed primarily for highway use and which is used to transport
				employees, whether or not used on a public highway, including motor vehicles
				regularly assigned to a gang or crew with headquarters or assembly point within
				Missouri and including motor vehicles headquartered elsewhere but frequently
				used in Missouri. This rule does not apply to taxicabs or other vehicles
				licensed by a competent authority to transport the public and used by a
				railroad to transport its employees. All owners of the motor vehicles, and
				their duly appointed agents, and the drivers of the vehicles shall abide by all
				safety orders issued to them by the division. It is recognized that this rule
				cannot cover all contingencies, thus the division in a particular case, after
				notice, may modify or grant exceptions to any of its provisions where their
				effect is unduly burdensome, or may prescribe higher standards than these
				prescribed where the higher standards are necessary for the safety of
				employees. In time of emergency, vehicles not complying with this rule may be
				used. An emergency exists when rail traffic has been stopped or disrupted (or
				where there is a threat of stoppage or disruption) because of derailment,
				accident, storm, fire, flood, or other similar condition. Winter weather
				requiring the removal of snow and ice from flange ways and switches or station
				platforms is not considered an emergency.
(2) The following words and phrases as used
				in this rule mean:
(A) Division-the Multimodal
				Operations Division within the Department of Transportation;
(B) Employee-an individual employed for any
				period in any work for which s/he is compensated, whether full- or part-time,
				whose regular course of employment is related to the maintenance or
				construction of the railroad physical property or to the operation of
				trains;
(C) Employer-a common
				carrier by rail who employs one (1) or more employees;
(D) Heating facilities-hot water radiator
				type system or any other generally acceptable form of heating which does not
				emit nauseous fumes or gases in the vehicle;
(E) Material-all items that can be lawfully
				transported by motor vehicles and used in construction and
				maintenance;
(F) Motor vehicle-any
				vehicle which is self-propelled and designed primarily for highway use, and
				which may be equipped with retractable flange wheels for operation on railroad
				tracks;
(G) Owner-any person
				holding legal title to, or having lawful use of the motor vehicle through
				contract, lease or otherwise;
(H)
				Place of employment-all locations where one (1) or more employees are
				performing the work incident to their employment;
(I) Rear compartment-a crew cab, which may be
				a continuation of the driver's cab providing additional seating capacity or an
				auxiliary cab located directly behind the driver's cab. Canvas-covered truck
				beds or shelters built of wood, plywood, or light-gauge metal on the bed of a
				truck are not considered a rear compartment;
(J) Seating facilities-seats provided for
				workers other than the driver; and
(K) Tools-hand and power tools or machines
				recognized as the type to be used by the craft to which the motor vehicle is
				assigned.