PURPOSE: This rule sets forth the procedures adopted by the division for the installation of stop signs at highway-rail grade crossings.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.

1. (1) Unless otherwise ordered by an administrative law judge of the division, the governmental entity responsible for maintaining the highway at a public highway-rail grade crossing within this state shall install and maintain stop signs and stop ahead advance warning signs upon all highway approaches to the public highway-rail grade crossing, as approved interim warning devices until active warning devices are installed and placed in service at the grade crossing, without a specific order from the division authorizing the installation, whenever all the following requirements are met with reference to the particular grade crossing:

   1. (A) The grade crossing has no active warning devices installed and in service;

   2. (B) A diagnostic inspection and traffic engineering study is completed at the site of the grade crossing, in which authorized representatives of at least the following required parties are present and sign a “Stop Sign Fact Sheet” as prescribed by the division, indicating that they participated in the inspection:

      1. 1. The division staff;
      2. 2. Staff of the Missouri Department of

Transportation;

1. 3. Every railroad owning tracks at the

crossing;

1. 4. Each governmental entity which has

authority to maintain the highway at the crossing; and 5. A highway traffic engineer; (C) Any proposed federal funding has been approved, in writing, by the state department of transportation; (D) The highway traffic engineer signs a completed Stop Sign Fact Sheet, in the form set forth below, by which the engineer records the facts relevant to the proposed installation of stop signs at the particular crossing, and recommends that stop signs be installed at the crossing until active warning devices are installed and placed in service at the crossing, and further recommends that stop ahead advance warning signs be installed simultaneously with the stop signs at the crossing; (E) The proposed allocation of the costs of installing the stop signs and stop ahead advance warning signs is stated in the completed Stop Sign Fact Sheet, or in the corresponding Missouri Field Inspection Form or Diagnostic Inspection Check Sheet covering the same grade crossing; (F) The completed, original Stop Sign Fact Sheet is provided to the division staff, and division staff serves a true copy of that form, together with any other records of the diagnostic inspection, on each of the required parties, either in person or by first class U.S. mail, with postage prepaid, or the required party waives service of that copy in writing; (G) Not less than thirty (30) days have elapsed since the date of service on all required parties of a copy of the completed Stop Sign Fact Sheet, and none of the required parties has filed with the division a written pleading which objects to the proposed installation of the stop signs and stop ahead advance warning signs at the crossing as recommended by the traffic engineer, or objects to the proposed allocation of the costs of this installation as set forth in Stop Sign Fact Sheet, or in the corresponding Missouri Field Inspection Form or Diagnostic Inspection Check Sheet covering the same grade crossing; and (H) When actually placed in service at the crossing— 1. The stop signs shall be installed in conformity with the provisions of Federal Highway Administration, U.S. Department of Transportation, Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) (1988 edition), Section 8B-9, “Stop Or Yield Signs at Grade Crossings” which is incorporated by reference in this rule; 2. The stop signs shall be placed in con- formity with the provisions of MUTCD Section 2B-9, “Location of Stop Sign and Yield Sign” which is incorporated by reference in this rule; and 3. Stop ahead advance warning signs shall be installed simultaneously with the stop signs. 4 CSR 265-2 (2) If any one of the required parties which was present at the diagnostic inspection and traffic engineering study is not in agreement with either the installation of stop signs and stop ahead advance warning signs as recommended by the traffic engineer, or the proposed allocation of the costs of that installation, as set forth in the completed Stop Sign Fact Sheet, or in the corresponding Missouri Field Inspection Form or Diagnostic Inspection Check Sheet covering the same grade crossing, then that party shall file a pleading with the division, objecting to the proposed installation or the proposed cost allocation, or both, not later than thirty (30) days after the date when all required parties were served or waived service of a copy of the completed Stop Sign Fact Sheet. Upon the timely filing of a required party’s objection with the division, the stop signs and stop ahead advance warning signs shall not be installed unless the division’s administrative law judge, after a hearing, overrules the objection and specifically authorizes the installation, and determines the proper allocation of costs of the installation, as provided under section 389.610, RSMo. (3) If no pleading which objects to the proposed installation or cost allocation, or both, is timely filed with the division within thirty (30) days after the service date of the completed Stop Sign Fact Sheet, then the required parties are deemed to have waived any objections, and the governmental authority shall install the stop signs and stop ahead advance warning signs in accordance with the traffic engineer’s recommendation and cost allocation as set forth in the completed Stop Sign Fact Sheet, or in the corresponding Missouri Field Inspection Form or Diagnostic Inspection Check Sheet covering the same grade crossing. Except when an objection is timely filed under section (2) of this rule, the installation of stop signs and stop ahead advance warning signs at the crossing shall be completed and placed in service not later than sixty (60) days after the service date of the completed Stop Sign Fact Sheet, unless otherwise ordered by the division’s administrative law judge upon a proper motion for enlargement of time. AUTHORITY: section 622.027, RSMo Supp. 1997.* Original rule filed June 22, 1998, effective Feb. 28, 1999. *Original authority: 622.027, RSMo 1985, amended 1993, 1995.