Mo. Code Regs. tit. 7 § 265-8.005

Current through Register Vol. 49, No.12, June 17, 2024

Section 7 CSR 265-8.005 - Definitions

PURPOSE: This amendment moves the rule from Title 4 to Title 7, removes those definitions or parts of definitions solely relating to Motor Carriers, clarifies some existing definitions, and adds new definitions relating to railroads.

PURPOSE: This rule defines terms used in the rules comprising 7 CSR 265-8 Railroads.

1) Missouri Division of Transportation, Single State Registration System (SSRS) Procedures Manual (Jefferson City, MO: Department of Economic Development Revised July 1, 1994);

2) Section 4005 of Title IV of Public Law 102-240 (49 U.S. Code 11506) (Washington: U.S. Government Printing Office, 1993).

In accordance with section 536.031(4), RSMo, the full text of material incorporated by reference will be made available to any interested person at the Office of the Secretary of State and the headquarters of the adopting state agency.

(1) Applicant - any person on whose behalf application is made before the division for permission or authorization which the division is empowered to grant under its statutory or other delegated authority.

(2) Commission - the Missouri Highways and Transportation Commission, a state agency created by statute and vested with authority by Article IV, Section 29, Missouri Constitution.

(3) Corporation - a corporation, company, association or joint stock association, or limited liability company.

(4) Department - the Missouri Department of Transportation.

(5) Director - the director of the Multimodal Operations Division of the Department of Transportation.

(6) Division - the Multimodal Operations Division within the Department of Transportation.

(7) Division staff - personnel of the Railroad Section of the Multimodal Operations Division.

(8) Federal Railroad Administration (FRA) - an agency within the United States Department of Transportation.

(9) Municipality - a city, town, village, county, or other political subdivision.

(10) Partnership - an association of two (2) or more persons to carry on as co-owners a business for profit and includes a registered limited liability partnership.

(11) Party - any applicant, complainant, or respondent and any person having intervened in proceedings before the division.

(12) Person - any individual, business entity, or governmental entity.

(13) Private crossing - a highway-rail or pathway crossing, either at-grade or grade separated, that is not a public crossing because the crossing is privately owned and intended for use solely by the owner and/or the owner's licensees and invitees.

(14) Public crossing - a highway or pathway that crosses one (1) or more railroad tracks, either at-grade or grade separated, where the highway/pathway approaches to the crossing are under the jurisdiction of, and maintained by, a public authority and open to public travel. All of the approaches must be under the jurisdiction of the public authority and no approach may be located on private property.

7 CSR 265-8.005

Renumbered from 4 CSR 265-2.010 by Missouri Register September 17, 2018/Volume 43, Number 18, effective 10/31/2018