PURPOSE: This rule prescribes the use of the grade crossing account for improvements of grade crossing.

1. (1) The grade crossing account is established for the purpose of providing revenues to protect the public against hazards existing at the crossings of public roads, streets and highways with railroad tracks.
2. (2) Grade crossing account funds shall only be used when the Division of Transportation, pursuant to section 389.610, RSMo orders the installation, construction or reconstruction of automatic signals or other safety devices or other safety improvements at crossings at grade of railroads and public roads, highways or streets. All other grade crossing cases shall be conducted in accordance with the specific provisions of law of Missouri and the rules of this division.
3. (3) The use of the grade crossing account may be initiated by complaint of twenty-five
4. (25) individuals, by governmental entities, by any party to a proceeding under section 389.610, RSMo or by the Division of Transportation.
5. (4) The grade crossing account shall not be used when the costs of providing grade crossing protection can be paid from funds available under any Federal Highway Act or Federal-Aid Highway Act.
6. (5) In any instance, the Division of Transportation shall not authorize the payment of more than ninety percent (90%) of the costs of providing the protection ordered by it.
7. (6) In determining the costs, the division shall compute the costs in accordance with the current federal Highway Administration’s policy for reimbursement for railroad work.

8. (7) In any one (1) year, the division shall not authorize expenditures from the fund in any county or the city of St. Louis in excess of the proportion of the tax allocated to them based upon the total main line track mileage of railroads in the county or the city of St. Louis.

   MATT BLUNT (9/30/01)*

This limitation shall not apply in the event the division determines that the crossing in question is highly dangerous to the public.

1. (8) In all proceedings, where the use of the grade crossing account has been initiated by any party, the staff of the division or any party to the proceeding shall present evidence on, and the division shall make a specific findings of fact on, each of the following matters:

   1. (A) The costs for the installation, construction or reconstruction of the automatic signals or other safety devices or other safety improvements ordered;
   2. (B) Whether funds are available for this crossing under any Federal Highway Act or Federal-Aid Highway Act;
   3. (C) The location of the crossing in question, the amount of funds available to that particular county under section (7) of this rule, and, whether the costs shall exceed the limitation set out in section (7);
   4. (D) Whether the crossing in question is highly dangerous to the public so as not to come within the limitation under section (7);
   5. (E) The amount of funds in the grade crossing account and whether the expected expenditure called for will exceed the funds in the fiscal year in which the expenditure is to be made;
   6. (F) The approximate time for installation, the approximate date for a pay-out of the funds and the legal entity entitled to be reimbursed; and
   7. (G) Whether or not interim payments are to be made, and if so, the amount and conditions upon which the interim payments shall be paid out.
2. (9) Upon completion of the construction, the division shall be notified in writing, and within eight (8) months of completion, the party responsible for the installation shall furnish a written report to the division on the costs involved. The division’s staff shall inspect the installation to determine if it is in accordance with the order of the division authorizing the installation, and in conjunction with the accounting staff of the division shall determine the costs. Promptly after that the division shall issue its final order authorizing the state treasurer to pay out of the grade crossing account to the person, firm or corporation entitled to the amount so determined and finally approved by the division, except that the division may order progress payments if it deems it advisable.
3. (10) The staff of the division shall keep an accurate account of all grade crossing projects coming within the grade crossing 4 CSR 265-8

account and shall report an annual accounting of the use of the funds each year in order that this may be reported in the division’s annual report.

1. (11) This rule shall govern all grade crossing protection cases in which funds from the grade crossing account are used unless specifically ordered otherwise by the division.

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 Jan. 5, 1989, effective April 27, 1989. *Original authority: 622.027, RSMo 1985.