7 CSR 265-8.320 - Railroad-Highway Crossing Applications
(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.
Notes
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