PURPOSE: This rule provides for the reporting of railroad accidents, to ensure that the division has adequate notice and timely opportunity to investigate railroad accidents, and to obtain information pertinent to regulatory enforcement and planning for safety improvements.

PUBLISHER’S NOTE: The publication of the full text of the material that the adopting agency has incorporated by reference in this rule would be unduly cumbersome or expensive. Therefore, the full text of that material will be made available to any interested person at both the Office of the Secretary of State and the office of the adopting agency, pursuant to section 536.031.4, RSMo. Such material will be provided at the cost established by state law.

1. (1) Every railroad and street railroad corporation engaged in business in this state is ordered to give notice to this division of railroad accidents as set forth in this rule.

   1. (A) The division will be furnished with prompt telephone notice, twenty-four (24) hours a day for the following accidents:

   2. 1. Hazardous material incident. At the earliest practicable moment, each carrier who transports hazardous materials shall give notice, in accordance with subsection (1)(C) of this rule, after each incident that occurs during the course of transportation (including loading, unloading and temporary storage) in which as a direct result of hazardous materials—

      1. A. A person is killed;
      2. B. A person receives injuries requir-

ing his/her hospitalization;

1. C. Estimated carrier or other proper-

ty damage exceeds fifty thousand dollars ($50,000);

1. D. Fire, breakage, spillage or suspect-

ed radioactive contamination occurs involving shipment of radioactive material;

1. E. Fire, breakage, spillage or suspect-

ed contamination occurs involving shipment of etiologic agents; or

1. F. A situation exists of a nature that,

in the judgment of the carrier, it should be reported in accordance with subsection (1)(C) of this rule even though it does not meet the criteria of subparagraph (1)(A)1.A., B. or C. of this rule, for example, a continuing danger to life exists at the scene of the incident;

1. 2. Major railroad accident. All derail-

ments, collisions or other train accidents when ten (10) or more cars derail on trackage where trains operate at speeds greater than ten (10) miles per hour; and

1. 3. Fatal grade crossing accident. All

accidents which occur at grade crossings that involve railroad rolling equipment which results in a fatality.

1. (B) The division will be furnished with prompt telephone notice during regular working hours for the following accidents:

   1. 1. All grade crossing accidents which

involve railroad rolling equipment that result in a personal injury of which the railroad has knowledge;

1. 2. All derailments, collisions or other

train accidents when five (5) or more cars are derailed;

1. 3. All accidents which result in the loss

of life to any person as a result of railroad operations; and

1. 4. All accidents which involve

AMTRAK, or any other passenger train.

1. (C) Reports made in accordance with subsections (1)(A) and (B) of this rule will—

   1. 1. Be made to the Railroad Safety

Section at (573) 751-4291; and

1. 2. Provide the following information:

   1. A. Name of the official making

report;

1. B. Phone number where the official

can be reached;

1. C. Name of the carrier involved;
2. D. Date, time, location and type of

accident;

1. E. Equipment involved, if the infor-

mation is available;

1. F. Classification, name and quantity

of hazardous materials involved if the information is available; and

1. G. Number of persons killed or

injured.

1. (2) A Written Report of the Accident Shall Be Prepared by the Railroads or Street Railroads.

   1. (A) Each railroad or street railroad which submits a report of Hazardous Materials Incident in accordance with paragraph (1)(A)1. of this rule shall file a copy of the report made to the United States Department of Transportation as required in 49 CFR 171.16 which is incorporated by reference in this rule, within the same time period as prescribed by the United States Department of Transportation.
   2. (B) Each railroad or street railroad shall submit to the division a monthly report of all accidents which must be reported to the 4 CSR 265-8

United States Department of Transportation and shall include all other accidents at grade crossings involving rolling equipment of which the railroad has knowledge. The form of these reports shall be the same forms as required by the United States Department of Transportation. The monthly reports of accidents shall be prepared in accordance with the Federal Railroad Administration (FRA) Guide for Preparing Accident/Incident Reports which is incorporated by reference in this rule.

1. (3) The details of any accident or delay to traffic not specifically provided for in this rule, upon request, shall be furnished the division immediately by the common carrier.

AUTHORITY: section 622.027, RSMo Supp. 1997.* Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed April 16, 1986, effective June 30, 1986. Amended: Filed May 2, 1991, effective Dec. 9, 1991. Amended: Filed June 22, 1998, effective Feb. 28, 1999.

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