PURPOSE: This rule establishes that commercial motor vehicle (CMV) drivers who are convicted of violating federal, state, or local laws pertaining to railroad-highway grade crossings be disqualified from operating a CMV. This rule is pursuant to the Department of Transportation’s rules as published in the Code of Federal Regulations (49 CFR parts 383 and 384). (1) A driver who is convicted of operating a commercial motor vehicle (CMV) in violation of a federal, state, or local law or regulation pertaining to one (1) of the following six (6) offenses at a railroad-highway grade crossing must be disqualified for the period of time specified in section (2) of this rule:

1. (A) For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train;
2. (B) For drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not clear;
3. (C) For drivers who are always required to stop, failing to stop before driving onto the crossing;
4. (D) Failing to have sufficient space to drive completely through the crossing without stopping;
5. (E) Failing to obey a traffic control device or the directions of an enforcement official at the crossing; or
6. (F) Failing to negotiate a crossing because of insufficient undercarriage clearance.

7. (2) When convicted of a railroad crossing CMV violation, persons will be disqualified from operating a commercial motor vehicle as follows:

   1. (A) First violation. A driver will be disqualified for sixty (60) days if the driver is convicted of a first railroad-highway grade crossing violation;
   2. (B) Second violation. A driver will be disqualified for one hundred twenty (120) days if, during any three (3)-year period, the driver is convicted of a second railroad-highway grade crossing violation in separate incidents; or
   3. (C) Third or subsequent violation. A driver will be disqualified for one (1) year if, during any three (3)-year period, the driver is convicted of a third or subsequent railroadhighway grade crossing violation in separate incidents.

AUTHORITY: section 302.755, RSMo 2000.* Original rule filed May 24, 2001, effective Dec. 30, 2001. *Original authority: 302.755, RSMo 1989, amended 1995.