PURPOSE: This rule prescribes the required form and content for applications for relief involving railroad-highway crossings, at grade or otherwise.

1. (1) Persons filing applications for a division 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 in writing an original plus four (4) copies of the application with the director of the division, in accordance with this section, and 4 CSR 265-2.080, 4 CSR 265-8.070 and 4 CSR 265-8.071, whenever applicable. Every application shall include at least the following information:

   1. (A) The identity, address and telephone number of the applicant;
   2. (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;

   3. (C) The location and description of each highway at each crossing affected by the application, including, whenever applicable:

      1. 1. Name of highway;
      2. 2. Highway classification and number;
      3. 3. United States Department of Trans-

portation (U.S. DOT) crossing inventory number;

1. 4. City;
2. 5. County;
3. 6. Number and direction of traffic

lanes;

1. 7. Width of highway at crossings;
2. 8. Who maintains the highway on each

side of the railroad tracks;

1. 9. Type of highway surface;
2. 10. Type of highway traffic and average

annual daily traffic, if known;

1. 11. Highway speed limit;

2. (D) The location and description of each railroad at each crossing affected by the application, including, whenever applicable:

   1. 1. Name of railroad corporation which

owns the track;

1. 2. Division;
2. 3. Subdivision;
3. 4. Milepost;
4. 5. Number and types of track;
5. 6. Width of railroad and railroad right-

of-way at the crossing;

1. 7. Names of all other railroads operat-

ing over the crossing;

1. 8. Number and type of train move-

ments over the crossing (daily, if known);

1. 9. Train speed limit;
2. 10. Location and description of any

obstructions to motorists’ view of approaching trains;

1. (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;
2. (F) Statement of whether there is any agreement between the parties in interest with reference to the proposed construction, safety improvements or other relief, or with reference to the proposed allocation of costs. If so, a copy of the executed agreement shall be attached to the application as Exhibit 1;
3. (G) Description of the proposed construction, safety improvements or other relief requested, and who should be ordered to perform the same. Detailed plans and specifications for the proposed construction, safety improvements or other relief requested shall be attached to the application as Exhibit 2;
4. (H) Estimated costs of the proposed construction, safety improvements or other relief requested, and who should be ordered to pay these costs, and whether funds are available for the crossing under any federal or federalaid act and how the costs should be allocated between these payers. The application shall state whether or not any portion of the costs are requested to be paid out of the grade crossing account under Chapter 152, RSMo, or the grade crossing safety account under section 389.612, RSMo Supp. 1997, and if so, in what amounts. Detailed cost estimates for the proposed construction, safety improvements or other relief shall be attached to the application as Exhibit 3;
5. (I) Estimated time for completion of the proposed construction or safety improvements and for implementation of other relief requested and for the payout of funds. If interim payments are requested, the application should so state and include details concerning the amounts and conditions upon which the interim payments shall be paid out;
6. (J) If the use of funds from the grade crossing account under Chapter 152, RSMo, is requested, the application shall state the amount of funds available to the county in which the crossing is located (or the City of St. Louis, if applicable) pursuant to the allocation of the tax under that chapter to that county (or city) based upon the total main line track mileage of railroads in that county (or city) and whether or not the estimated costs of the proposed construction, safety improvements or other relief requested will exceed that county’s (or city’s) limitation under that chapter and whether or not the crossing is highly dangerous to the public so as not to come within that limitation. The application also shall state the approximate amount of funds in the grade crossing account and whether the expected expenditure called for will exceed the funds in that account in the fiscal year in which the expenditure is to be made; 4 CSR 265-2
7. (K) Detailed statement of the specific reasons why the proposed relief should be granted;
8. (L) If an applicant other than the division staff requests the construction of a new grade crossing, then a completed Questionnaire for a New Grade Crossing for each new crossing should be attached to the application as Exhibit 4. If the applicant requests the construction or reconstruction of a grade separation structure, then a completed Questionnaire for Grade Separation for each structure should be attached to the application as Exhibit 4. The questionnaire forms may be obtained from the division’s main office in Jefferson City, Missouri or by telephoning

1. (573) 751-7121;

   1. (M) Statement of whether the applicant waives a hearing, and will submit the case to the division for decision upon the verified pleadings and other evidence of record, if no other party requests a hearing;
   2. (N) Date and signature of the applicant or the applicant’s authorized representative, and the signature, name (typed or printed), address and telephone number of the applicant’s attorney, if any; and
   3. (O) Verification under oath or penalty of perjury.
2. (2) It shall be in the discretion of the administrative law judge to convene a hearing regarding the application or to decide the case based on the application and other documents filed, except when a hearing is required by law.

AUTHORITY: section 622.027, RSMo Supp. 1997.* 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.

*Original authority: 622.027, RSMo 1985, amended 1993, 1995.