Definitions

PURPOSE: This rule defines terms used in the rules comprising 7 CSR 265-8 Railroads. (1) Applicant - any person on whose behalf application is made before the division for permission or authorization which the division is empowered to grant under its statutory or other delegated authority. (2) Commission - the Missouri Highways and Transportation Commission, a state agency created by statute and vested with authority by Article IV, Section 29, Missouri Constitution. (3) Corporation - a corporation, company, association or joint stock association, or limited liability company. (4) Department - the Missouri Department of Transportation. (5) Director - the director of the Multimodal Operations Division of the Missouri Department of Transportation. (6) Division - the Multimodal Operations Division within the Missouri Department of Transportation. (7) Division staff - personnel of the Railroad Section of the Multimodal Operations Division. (8) Federal Railroad Administration (FRA) - an agency within the United States Department of Transportation. (9) Municipality - a city, town, village, county, or other political subdivision. (10) Partnership - an association of two (2) or more persons to carry on as co-owners a business for profit and includes a registered limited liability partnership. (11) Party - any applicant, complainant, or respondent and any person having intervened in proceedings before the division. (12) Person - any individual, business entity, or governmental entity. (13) Private crossing - a highway-rail or pathway crossing, either at-grade or grade separated, that is not a public crossing because the crossing is privately owned and intended for use solely by the owner and/or the owner’s licensees and invitees. (14) Public crossing - a highway or pathway that crosses one (1) or more railroad tracks, either at-grade or grade separated, where the highway/pathway approaches to the crossing are under the jurisdiction of, and maintained by, a public authority and open to public travel. All of the approaches must be under the jurisdiction of the public authority and no approach may be located on private property. AUTHORITY: section 622.027, RSMo 2016.* This rule originally filed as 4 CSR 265-2.010. Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed July 31, 1986, effective Oct. 27, 1986. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994. Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Emergency amendment filed Aug. 16, 1996, effective Aug. 28, 1996, expired Feb. 23, 1997. Moved and amended: Filed March 9, 2018, effective Oct. 30, 2018. *Original authority: 622.027, RSMo 1985, amended 1993, 1995.