PURPOSE: This rule provides that this chapter is to govern fixed guideway transit systems instead of 4 CSR 265-8 and prescribes definitions for certain words and terms used in the rules within this chapter.

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) Notwithstanding any provision within 4 CSR 265-8 to the contrary, fixed guideway transit systems as defined in this rule shall be governed by the rules in this chapter, and not by the rules in 4 CSR 265-8.

2. (2) As used in this chapter unless the context clearly requires otherwise, the following definitions apply:

   1. (A) Accident. Any event involving the revenue service operation of a rail fixed guideway system if as a result:

      1. 1. An individual dies;
      2. 2. An individual suffers bodily injury

and immediately receives medical treatment away from the scene of the accident; or

1. 3. A collision, derailment, or fire caus-

es property damage in excess of one hundred thousand dollars ($100,000);

1. (B) APTA Guidelines. The American Public Transit Association’s Manual for the Development of Rail Transit System Safety Program Plans, published on August 20, 1991, which is incorporated by reference in this rule;
2. (C) Contractor. An entity that performs tasks required by federal or state law, by division rule or order, or by FTA regulations under 49 CFR part 659, on behalf of the transit system or the division. A transit system shall not be a contractor for the division;
3. (D) Division. The Division of Motor Carrier and Railroad Safety within the Department of Economic Development of the State of Missouri, also known as MCRS. Whenever the term “Division of Transportation” or “MCRS” is used within the rules in this chapter, the term shall be interpreted as meaning the Division of Motor Carrier and Railroad Safety;
4. (E) Employee. Any individual employed by a transit system for any period in any work for which s/he is compensated, whether fullor part-time, whose regular course of employment relates to the operation, inspection, maintenance or construction of the physical transit system property or the operation of trains;
5. (F) Fixed guideway transit system. A railroad, street railroad, or light rail for public use in the transportation of passengers within an urban area, other than those subject to the jurisdiction of the Federal Railroad Administration;
6. (G) FTA. The Federal Transit Administration within the United States Department of Transportation;
7. (H) Hazardous condition. A condition that may endanger human life or property. It includes unacceptable hazardous conditions;
8. (I) Hazardous material. Any commodity or product identified or regulated by the United States Department of Transportation in Title 49 CFR parts 171 through and including part 179 which may be transported under restricted conditions;
9. (J) Highrail wheels. Any retractable flanged wheel assembly designed to allow a highway vehicle to operate on the track;
10. (K) Injury. An injury of the magnitude requiring medical treatment or transport to a health care facility for medical treatment;
11. (L) Investigation. A process to determine the probable cause of an accident or an unacceptable hazardous condition, in accordance with the provisions of rule 4 CSR 265-9.150;
12. (M) Light rail. Every rail transportation system in which one or more rail vehicles are propelled electrically by overhead catenary wire upon tracks located substantially within an urban area and are operated exclusively in the transportation of passengers and their baggage, and including all bridges, tunnels, equipment, switches, spurs, tracks, stations, used in connection with the operation of light rail;
13. (N) Medical treatment. Treatment administered by a physician or by registered professional personnel under the standing orders of a physician. Medical treatment does not include first-aid treatment (one (1)-time treatment), precautionary measures such as tetanus shots and subsequent observation of minor scratches, cuts, bruises or splinters, which do not require medical care, even though these services are performed by a 4 CSR 265-9

physician or registered professional personnel;

1. (O) Pedestrian grade crossing. A location where one (1) or more transit system tracks cross a public sidewalk or pathway used by pedestrians at grade;
2. (P) Rail-highway grade crossing. A location where one (1) or more transit system tracks cross a public highway, road, street or private roadway, and includes a pedestrian grade crossing;
3. (Q) Safety. Freedom from danger;
4. (R) Safety review. A formal, comprehensive, on-site examination by or on behalf of the division of a transit system’s safety practices to determine whether they comply with the policies and procedures required under the transit system’s system safety program plan;
5. (S) Security. Freedom from intentional danger;
6. (T) System safety program plan (SSPP). A document adopted by the transit system detailing its safety and security policies, objectives, responsibilities, and procedures;
7. (U) System safety program standard. The standard developed and adopted by the division which, at a minimum, complies with the APTA Guidelines and which addresses personal security;
8. (V) Train. Includes any light rail vehicle, on-track work equipment, railroad or street railroad car or locomotive engine;
9. (W) Transit system. A fixed guideway transit system; and
10. (X) Unacceptable hazardous condition. A hazardous condition determined to be an unacceptable hazardous condition using the APTA Guidelines’ Hazard Resolution Matrix (APTA Guidelines, checklist number 7), which is reproduced in the following table:

APTA Manual Hazard Resolution Matrix Catastrophic Critical Marginal Negligible Frequent Unacceptable Unacceptable Unacceptable Acceptable/WR1 Probable Unacceptable Unacceptable Undesirable Acceptable/WR1 Occasional Unacceptable Undesirable Undesirable Acceptable Remote Undesirable Undesirable Acceptable/WR1 Acceptable Improbable Acceptable/WR1 Acceptable/WR1 Acceptable/WR1 Acceptable 1Acceptable/WR—Acceptable with review by management staff. AUTHORITY: section 622.027, RSMo Supp. 1997.* Emergency rule filed Feb. 5, 1993, effective Feb. 15, 1993, expired June 14, 1993. Original rule filed Nov. 4, 1992, effective June 7, 1993. Emergency amendment filed Aug. 19, 1996, effective Aug. 29, 1996, expired Feb. 25, 1997. Emergency amendment filed Dec. 20, 1996, effective Dec. 30, 1996, expired June 27, 1997. Amended: Filed June 22, 1998, effective Feb. 28, 1999.

*Original authority 1985, amended 1993, 1995.