Effective - 28 Aug 1996
389.1005. Light rail safe operation, maintenance and use — division's powers and duties — funds to be used, how — operator to file statement. — 1. Except as otherwise provided in this subsection or in subsection 2 of this section, the division of motor carrier and railroad safety shall, after hearing, adopt, in accordance with section 622.027, and enforce rules relating to the safe operation, maintenance and use of light rail, and the construction of light rail-highway crossings. The division of transportation shall examine the manner in which light rail property and services are safely conducted and operated. The division shall examine compliance with all the provisions of law, orders and decisions of the division regarding the safe operation of light rail, except that if the United States has enacted a law, or any officer or agency of the United States has adopted any rule, regulation, order, decision or standard covering the subject matter of the division's rules relating to the safe operation, maintenance and use of light rail and the construction of light rail highway crossings, then compliance with that statute, regulation, order, decision or standard satisfies the duty of compliance with the law, rule, regulation, order or decision of the division covering that subject matter. The provisions of chapter 386, relating to the powers and duties of the public service commission and the procedure before the public service commission and the courts, as well as the provisions of section 622.030, are hereby made applicable to the division of motor carrier and railroad safety with regard to the safe operation of light rail as provided in this subsection.
2. The division of motor carrier and railroad safety shall not examine any individual or joint rate, fare, toll, charge, or other compensation of any person or any two or more persons or any schedule or tariff setting fares or rates for light rail or the hours of service, frequency, use and accommodations afforded customers or patrons of light rail or products or commodities furnished in connection with the operation of light rail.
3. The division may contract with the bi-state development agency created by section 70.370 for safety consultation pursuant to the division's duties created by this section. Any moneys paid pursuant to this subsection shall be deposited in the light rail safety fund created in section 389.1010.
4. The division shall render a statement of such assessment to each light rail operator on or before July first and the amount so assessed to each light rail operator shall be paid by it to the director of revenue in full on or before July fifteenth immediately following the rendition of such statement, except that any such light rail operator may pay such assessment in four equal installments not later than the following dates immediately following the rendition of such statement, by making payments on July fifteenth, October fifteenth, January fifteenth and April fifteenth. The director of revenue shall remit such payments to the state treasurer.
5. The state treasurer shall credit such payments to the railroad expense fund established under section 622.015. Notwithstanding any provisions of section 622.015 to the contrary, that portion of the railroad expense fund received from light rail assessments pursuant to this section shall be devoted solely to the payment of expenditures incurred by the division of motor carrier and railroad safety within the department of economic development and attributable to the regulation of light rail.
6. In order to enable the division to make the assessments provided for in this section, each light rail operator shall file with the division, within ten days after August 28, 1996, and thereafter on or before March thirty-first of each year, a statement under oath showing its total operated train miles for the preceding calendar year, and if any light rail operator shall fail to file such a statement within such time, the division shall estimate such miles which estimate shall be binding on such light rail operator for the purpose of this section.
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(L. 1996 H.B. 876 § 1)
CROSS REFERENCE:
Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008
Structure Missouri Revised Statutes
Title XXV - Incorporation and Regulation of Certain Utilities and Carriers
Chapter 389 - Regulation of Railroad Corporations
Section 389.005 - Division, transferred to department of transportation.
Section 389.007 - Official Missouri railroad, when designated.
Section 389.060 - Ejection of passengers, when lawful.
Section 389.320 - Pooling prohibited.
Section 389.540 - Shipments of grain in bulk.
Section 389.550 - Consignments to elevators declared temporary.
Section 389.560 - Time allowed for removing grain from cars.
Section 389.620 - Railroads required to pave right-of-way at street crossings.
Section 389.630 - Railroad failing to pave, city to proceed, how.
Section 389.645 - Crossing in city, town or village, division may regulate, when.
Section 389.650 - Lawful fences, gates, who may build — trespassers.
Section 389.653 - Trespass to railroad property, penalties.
Section 389.670 - Storm sewers along railroad right-of-way in cities or towns under 30,000.
Section 389.680 - Railroad storm sewers — intersection with city sewer system.
Section 389.690 - Railroad storm sewers — liability for damages — penalties.
Section 389.700 - Application of sections 389.700 to 389.730 — term railroad defined.
Section 389.710 - Lights to be placed on certain switches, when, by whom.
Section 389.730 - Liability for noncompliance — action for damages.
Section 389.790 - Safety switch appliances and guard rails to be maintained — penalty.
Section 389.795 - Walkways and handrails on bridges and trestles.
Section 389.797 - Employee walkways to be kept clear, enforcement.
Section 389.800 - Contributory negligence not to relieve from liability.
Section 389.810 - Engines to be equipped with power drive wheel brakes.
Section 389.820 - Safety appliances — automatic couplers.
Section 389.830 - Standard drawbars to be used — height of same.
Section 389.840 - Cars to be equipped with air or power brakes.
Section 389.850 - Application of provisions of sections 389.810 to 389.870.
Section 389.860 - Penalty for violation of sections 389.810 to 389.870 — suit, where brought.
Section 389.870 - Employee not guilty of contributory negligence, when.
Section 389.900 - Locomotives to be equipped with electric headlights — power of same — exceptions.
Section 389.920 - First aid kits, duty of railroad to provide — rules regulating.
Section 389.990 - Bell and whistle at crossings — penalty.
Section 389.991 - Definitions.
Section 389.992 - Division of motor carrier and railroad safety regulations.
Section 389.996 - Investigation of accidents, notice of an accident.
Section 389.999 - Causes of action existing prior to August 13, 1988.