Railroad-Highway Crossing Applications

PURPOSE: This rule prescribes the required form and content for applications regarding railroad-highway crossings, at grade or otherwise. (1) Persons other than division staff filing applications for a commission order relating to the location, construction, installation, operation, maintenance, apportionment of expenses, use, warning devices, alteration, relocation, reconstruction, separation of grades, abolishment, or closure of a railroad-highway crossing, at grade or otherwise, shall file an application with the director of the division in accordance with this section that includes at least the following information: (A) The identity, address, and telephone number of the applicant; (B) The identity, address, and, if known, the telephone number of every party in interest, including, if applicable, the railroad(s) owning and operating over the tracks at the crossing, the entity(ies) maintaining each highway at the crossing and other entities participating in the funding of the proposed construction, safety improvements, or other relief requested from the division; (C) The location and description of each highway at each crossing affected by the application, including, whenever applicable: 1. Name of highway; 2. Highway classification and number; 3. United States Department of Transportation (USDOT) crossing inventory number; 4. City; 5. County; 6. Number and direction of traffic lanes; 7. Width of highway at crossings; 8. The entity that maintains the highway on each side of the railroad tracks; 9. Type of highway surface; 10. Type of highway traffic and average annual daily traffic, if known; 11. Highway speed limit; (D) The location and description of each railroad at each crossing affected by the application, including, whenever applicable— 1. Name of railroad corporation which owns the track; 2. Division; 3. Subdivision; 4. Milepost; 5. Number and types of track; 6. Width of railroad and railroad right-of-way at the crossing; 7. Names of all other railroads operating over the crossing; 8. Number and type of train movements over the crossing (daily, if known); 9. Maximum train speed; 10. Location and description of any obstructions to motorists’ view of approaching trains; (E) The number and date of each accident at the crossing involving trains and highway users, and the number of persons injured and killed in each accident; (F) Any executed agreement or similar document between the parties regarding who should perform the proposed work and who should pay the costs of the proposed construction, safety improvements, or other relief, and in what proportion; (G) Description of the proposed construction, safety improvements, or other relief, including detailed plans and specifications, if applicable; (H) Detailed estimated costs of the proposed construction, safety improvements, or other relief; (I) Estimated time for completion of the proposed construction or safety improvements or for implementation of the proposed relief; (J) Detailed statement why the proposed construction or safety improvements should be approved or the proposed relief granted; (K) Statement of whether the applicant and all interested parties waive a hearing and will submit the case to the division for decision; (L) Date and signature of the applicant or the applicant’s authorized representative; and (M) Verification under penalty of perjury. (2) The application is to be decided under one (1) of the following methods: (A) The division director decides and issues an order on behalf of the commission based on the application and all other documents filed in those cases in which all parties to the application have waived a hearing in writing; or (B) The division director refers the application to the Administration Hearing Commission per Chapter 621, RSMo if all parties have not waived a hearing in writing or a hearing on the application is required by law. AUTHORITY: section 622.027, RSMo 2016.* This rule originally filed as 4 CSR 265-2.320. Original rule 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. Amended: Filed June 22, 1998, effective Feb. 28, 1999. Moved and amended: Filed March 9, 2018, effective Oct. 30, 2018. Amended: Filed Sept. 8, 2023, effective April 30, 2024. *Original authority: 622.027, RSMo 1985, amended 1993, 1995.