PURPOSE: This rule provides for the reporting and correction of accidents and hazards occurring on rail fixed guideway systems, and for appropriate investigation by the division.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) Every rail fixed guideway system (RFGS) operating within Missouri shall give notice to this division of all accidents and hazards within the time and in the manner prescribed in the State Safety and Security Oversight Programs Manual for Missouri Light Rail (the SSO Manual), which is incorporated herein by reference and made a part of this rule as published by the Missouri Highways and Transportation Commission, Multimodal Operations Division, 2217 St. Mary’s Boulevard, Jefferson City, Missouri 65109, 2006 Edition. This rule does not incorporate any subsequent amendments or additions of this manual. Notice shall be given by contacting the Multimodal Operations Division of the Department of Transportation at (573) 751-4291, including incidents described in 49 CFR 659.33(a)(1) through (8), involving rail transit agency-controlled property that is:

   1. (A) Property used in providing rail transit services;
   2. (B) Track shared with the general railroad system and subject to the Federal Railroad Administration (FRA) notification requirements; or
   3. (C) Incidents taking place on RFGS property in relation to the use of rail transit services.
2. (2) The division shall use its own investigation procedures in accordance with the SSO Manual and shall formally transmit its final investigation report to the RFGS. The division also shall certify that it has complied with the requirements of 49 CFR part 659, which may be done electronically using a reporting system specified by Federal Transit Administration (FTA).
3. (3) The division’s investigative reports under this rule shall be closed records unless opened by order of the division director.

AUTHORITY: sections 389.1005 and 622.027, RSMo 2000.* This rule originally filed as 4 CSR 265-9.150. 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 Dec. 20, 1996, effective Dec. 30, 1996, expired June 27, 1997. Amended: Filed June 22, 1998, effective Feb. 28, 1999. Moved and amended: Filed Nov. 20, 2006, effective June 30, 2007.

*Original authority: 389.1005, RSMo 1996 and 622.027, RSMo 1985, amended 1993, 1995. CODE OF STATE REGULATIONS (5/31/07)* ROBIN CARNAHAN