PURPOSE: This rule prescribes the standards for clearing visual obstructions at public grade crossings.

1. (1) It shall be the duty of every corporation, company or person owning or operating any railroad or branch of a railroad in this state to maintain the railroad right-of-way at public grade crossings so that it will be reasonably clear of vegetation, undergrowth or other debris for a distance of two hundred fifty feet (250') each way from the crossings where those things would materially obscure approaching trains from the view of travelers on the highway.

2. (2) Railroads operating within Missouri are required to maintain certain minimum distances from the near edge railroad crossings to railroad rolling stock stored on sidings. Stored rolling stock as used in this rule shall be defined as rolling stock not used for the pickup or delivery of freight and whose placement on a railroad-owned siding by a railroad is for the sole convenience of the railroad. The minimum distance for the storage of railroad rolling stock shall be two hundred fifty feet (250') unless the division shall find a lesser or greater distance is required at a particular location and shall permit or order a railroad to maintain the lesser or greater distance. If physical conditions require the use of a track temporarily or minimum distances cannot be obtained, then the provisions of this section shall not apply to—

   1. (A) Cars placed for loading or unloading or awaiting removal after loading or unloading; and
   2. (B) Bad order cars set out from trains.
3. (3) The provisions of this section shall not apply to rolling stock stored on yard tracks unless the division after a hearing shall order otherwise.

AUTHORITY: section 622.027, RSMo 1986.* 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 May 2, 1991, effective Dec. 9, 1991.

*Original authority 1985.