Mo. Code Regs. tit. 7 § 265-8.324

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

Section 7 CSR 265-8.324 - Changes to Highway-Rail Grade Crossing Active Warning Devices

PURPOSE: This amendment moves the rule from Title 4 to Title 7, revises the rule to reflect current procedures, deletes obsolete references to the administrative law judge, eliminates unnecessary restrictive wording, deletes a requirement that the department retain all written notices of minor warning device changes, and updates the references to the regulations in 49 CFR Part 234 that are incorporated into this rule.

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) Major changes to existing highway-rail grade crossing active warning devices shall not be made unless an application is filed with the division under 7 CSR 265-8.320, and the proposed major change is approved by a specific commission order. Major changes include:

(A) Any modification to a highway-rail grade crossing active warning system that changes the portion of the system which provides warning to and is viewed by the highway user;

(B) Any change in the type of train detection circuitry at any location involving highway traffic signal interconnection or preemption; or

(C) Any other modification to a highway-rail grade crossing active warning device that is not classified in this rule as a minor change.

(2) Minor changes to existing highway-rail grade crossing active warning devices may be made by a railroad without a specific application to the division or a specific commission order, but only if all of the conditions and requirements of this rule are met in regard to the particular crossing when the warning devices, as modified, are placed in service. The changes described below are minor changes when they result in equal or improved operating characteristics of the warning system, and they conform with all applicable requirements of the division's rules and the regulations under 49 CFR Part 234, incorporated herein by reference and made a part of this rule as published October 1, 2016 by the Federal Railroad Administration, United States Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. This rule does not incorporate any subsequent amendments or additions of this rule:

(A) Changing from one type of train detection circuitry to another type of train detection circuitry that is generally accepted throughout the industry as an upgrade in type, except that all train detection circuitry changes at locations involving highway traffic signal interconnection or preemption are major changes;

(B) Interchanging incandescent and LED-type flashing light units, but only if-

1. All mast-mounted or cantilever-mounted light units at the crossing are changed simultaneously; or

2. All gate light units at the crossing are changed simultaneously;

(C) Installing or removing auxiliary devices, such as time-out circuits, cut-out circuits, indication lights, indication circuitry, or recording devices, to adjust to changing conditions, such as:

1. When a switch is added or removed from a location within the crossing signal circuitry;

2. When the lengths of approach circuits are changed; or

3. When crossing control circuitry is upgraded to constant warning time circuitry; and

(D) Changes in the physical location of warning devices, signal bungalows, or other components of the active warning system, as compared to the plans previously filed with the division and approved by division or commission order, but only if-

1. The actual location of the signal masts, as placed in service at the crossing, is within the following limits:

A. Not less than twelve feet (12') nor more than twenty feet (20') from the nearest rail of the railroad tracks; and

B. Not less than eight feet, one inch (8'1") nor more than twelve feet (12') from the nearest edge of the traveled roadway, if the nearest edge has no curb and no shoulder or a shoulder less than four feet (4') wide; or

C. Not less than four feet, one inch (4'1") nor more than eight feet, one inch (8'1") from the nearest edge of the traveled roadway, if the nearest edge has no curb and has a shoulder that is four feet (4') wide or greater; or

D. Not less than four feet, one inch (4'1") nor more than twelve feet (12') from the nearest edge of the traveled roadway, if the nearest edge has a curb;

2. The actual location of the signal bungalow, as placed in service at the crossing, is not less than twenty-five feet (25') from the nearest rail and not less than thirty feet (30') from the nearest edge of the traveled roadway;

3. The actual location of the device, bungalow or other component, as placed in service at the crossing, is in a different quadrant than that shown in the plans previously filed with the division and approved by division or commission order, and the change of quadrant for the particular device, bungalow or component at that crossing, is agreed to by the railroad and approved in writing by the division's director and/or the director's designee; and

4. The party responsible for installing the warning devices files with the division, within thirty (30) days after completing the installation, a revised plan sheet showing the warning devices, bungalow, and other components in their actual locations (as installed), which the division then incorporates in an amended order.

(3) The party responsible for making any minor change to a highway-rail grade crossing active warning device shall notify the division of the minor change, in writing, not later than thirty (30) days after the completion of the minor change. The notice shall include the United States Department of Transportation (USDOT) crossing inventory number and a description of all the changes.

7 CSR 265-8.324

Renumbered from 4 CSR 265-2.324 by Missouri Register September 17, 2018/Volume 43, Number 18, effective 10/31/2018