PURPOSE: This rule prescribes the minimum safety standards for track and roadbed inspections, and prescribes railroad worker safety standards, for all railroad common carriers operating within Missouri.

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) The Division of Motor Carrier and Railroad Safety incorporates by reference in this rule the minimum safety standards for track and roadbed inspections for common carriers by rail, as adopted by the Federal Railroad Administration and published in Title 49, Code of Federal Regulations, part 213—Track Safety Standards, on October 1, 1997, and subsequent final rules published in the Federal Register, except that the division does not incorporate by reference any of the provisions of 49 CFR section 213.15—Civil penalty, or Appendix B to part 213— Schedule of Civil Penalties, or any other provision conflicting with applicable Missouri law. These regulations include safety requirements relating to train speeds, roadbed, track geometry, track structure, track appliances, track-related devices, and inspections.
2. (2) The division incorporates by reference in this rule the requirements governing the safety of railroad employees in the workplace as adopted by the Federal Railroad Administration and published in Title 49, Code of Federal Regulations, part 214— Railroad Workplace Safety, on October 1, 1997, and subsequent final rules published in the Federal Register, except that the division does not incorporate by reference any of the provisions of Appendix A to part 214— Schedule of Civil Penalties, or any other provision conflicting with applicable Missouri law. These regulations include safety requirements relating to bridge worker safety standards and roadway worker protection.

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 June 22, 1998, effective Feb. 28, 1999. *Original authority: 622.027, RSMo 1985, amended 1993, 1995.