Missouri Revised Statutes













Chapter 389

Regulation of Railroad Corporations

←389.591

Section 389.610.1

389.612→

August 28, 2015

Railroad crossings construction and maintenance, highways and transportation commission to have exclusive power to regulate and provide standards--apportionment of cost.

389.610. 1. No public road, highway or street shall be constructed

across the track of any railroad corporation, nor shall the track of any

railroad corporation be constructed across a public road, highway or street,

nor shall the track of any railroad corporation be constructed across the

track of any other railroad or street railroad corporation at grade nor shall

the track of a street railroad corporation be constructed across the tracks

of a railroad corporation at grade, without having first secured the

permission of the state highways and transportation commission, except that

this subsection shall not apply to the replacement of lawfully existing

tracks. The commission shall have the right to refuse its permission or to

grant it upon such terms and conditions as it may prescribe.



2. Every railroad corporation shall construct and maintain good and

sufficient crossings and crosswalks where its railroad crosses public roads,

highways, streets or sidewalks now or hereafter to be opened.



3. The state highways and transportation commission shall make and

enforce reasonable rules and regulations pertaining to the construction and

maintenance of all public grade crossings. These rules and regulations shall

establish minimum standards for:



(1) The materials to be used in the crossing surface;



(2) The length and width of the crossing;



(3) The approach grades;



(4) The party or parties responsible for maintenance of the approaches

and the crossing surfaces.



4. The state highways and transportation commission shall have the

exclusive power to determine and prescribe the manner, including the

particular point of crossing, and the terms of installation, operation,

maintenance, apportionment of expenses, use and warning devices of each

crossing of a public road, street or highway by a railroad or street railroad,

and of one railroad or street railroad by another railroad or street

railroad. In order to facilitate such determinations, the state highways and

transportation commission may adopt pertinent provisions of The Manual on

Uniform Traffic Control Devices for Streets and Highways or other national

standards.



5. The state highways and transportation commission shall have the

exclusive power to alter or abolish any crossing, at grade or otherwise, of a

railroad or street railroad by a public road, highway or street whenever the

state highways and transportation commission finds that public necessity will

not be adversely affected and public safety will be promoted by so altering

or abolishing such crossing, and to require, where, in its judgment it would

be practicable, a separation of grades at any crossing heretofore or hereafter

established, and to prescribe the terms upon which such separation shall be

made. When a road authority lawfully closes or vacates a roadway which

provided access to a railroad crossing, the state highways and transportation

commission shall issue an order authorizing removal of the crossing by the

railroad within thirty days of being notified of such action by the roadway

authority or railroad.



6. The state highways and transportation commission shall have the

exclusive power to prescribe the proportion in which the expense of the

construction, installation, alteration or abolition of such crossings, the

separation of grades, and the continued maintenance thereof, shall be divided

between the railroad, street railroad, and the state, county, municipality or

other public authority in interest.



7. Any agreement entered into after October 13, 1963, between a railroad

or street railroad and the state, county, municipality or other public

authority in interest, as to the apportionment of any cost mentioned in this

section shall be final and binding upon the filing with the state highways and

transportation commission of an executed copy of such agreement. If such

parties are unable to agree upon the apportionment of the cost, the state

highways and transportation commission shall apportion the cost among the

parties according to the benefits accruing to each. In determining such

benefits, the state highways and transportation commission shall consider all

relevant factors including volume, speed and type of vehicular traffic,

volume, speed and type of train traffic, and advantages to the public and to

such railroad or street railroad resulting from the elimination of delays and

the reduction of hazard at the crossing.



8. Upon application of any person, firm or corporation, the state

highways and transportation commission shall determine if an existing private

crossing has become or a proposed private crossing will become utilized by

the public to the extent that it is necessary to protect or promote the public

safety. The state highways and transportation commission shall consider all

relevant factors including but not limited to volume, speed, and type of

vehicular traffic, and volume, speed, and type of train traffic. If it be

determined that it is necessary to protect and promote the public safety, the

state highways and transportation commission shall prescribe the nature and

type of crossing protection or warning device for such crossing, the cost of

which shall be apportioned by the state highways and transportation

commission among the parties according to the benefits accruing to each. In

the event such crossing protection or warning device as prescribed by the

state highways and transportation commission is not installed, maintained or

operated, the crossing shall be closed to the public.



9. The exclusive power of the state highways and transportation

commission pursuant to this section shall be subject to review,

determination, and prescription by the administrative hearing commission,

upon application to the administrative hearing commission by any interested

party in accordance with section 621.040. Upon filing of an application

pursuant to this subsection, the administrative hearing commission is vested

with the exclusive power of the state highways and transportation commission

otherwise provided in this section, with reference to matters reviewed,

determined or prescribed by the administrative hearing commission.



(RSMo 1939 § 5214, A.L. 1988 S.B. 676, A.L. 1996 S.B. 780, A.L. 2002

S.B. 1202, A.L. 2004 H.B. 795, et al.)



Prior revisions: 1929 § 4757; 1919 § 9944; 1909 § 3141



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



(2001) Section does not negate common law duty of railroad to use

reasonable care in providing adequate warning of railroad crossings.

Alcorn v. Union Pacific R.R. Co., 50 S.W.3d 226 (Mo.banc).





2002

1996



2002



389.610. 1. No public road, highway or street shall be constructed

across the track of any railroad corporation, nor shall the track of any

railroad corporation be constructed across a public road, highway or

street, nor shall the track of any railroad corporation be constructed

across the track of any other railroad or street railroad corporation at

grade nor shall the track of a street railroad corporation be constructed

across the tracks of a railroad corporation at grade, without having first

secured the permission of the highways and transportation commission,

except that this subsection shall not apply to the replacement of lawfully

existing tracks. The commission shall have the right to refuse its

permission or to grant it upon such terms and conditions as it may

prescribe.



2. Every railroad corporation shall construct and maintain good and

sufficient crossings and crosswalks where its railroad crosses public

roads, highways, streets or sidewalks now or hereafter to be opened.



3. The highways and transportation commission shall make and enforce

reasonable rules and regulations pertaining to the construction and

maintenance of all public grade crossings. These rules and regulations

shall establish minimum standards for:



(1) The materials to be used in the crossing surface;



(2) The length and width of the crossing;



(3) The approach grades;



(4) The party or parties responsible for maintenance of the

approaches and the crossing surfaces.



4. The highways and transportation commission shall have the

exclusive power to determine and prescribe the manner, including the

particular point of crossing, and the terms of installation, operation,

maintenance, apportionment of expenses, use and warning devices of each

crossing of a public road, street or highway by a railroad or street

railroad, and of one railroad or street railroad by another railroad or

street railroad. In order to facilitate such determinations, the highways

and transportation commission may adopt pertinent provisions of The Manual

on Uniform Traffic Control Devices for Streets and Highways or other

national standards.



5. The highways and transportation commission shall have the

exclusive power to alter or abolish any crossing, at grade or otherwise, of

a railroad or street railroad by a public road, highway or street whenever

the highways and transportation commission finds that public necessity will

not be adversely affected and public safety will be promoted by so altering

or abolishing such crossing, and to require, where, in its judgment it

would be practicable, a separation of grades at any crossing heretofore or

hereafter established, and to prescribe the terms upon which such

separation shall be made.



6. The highways and transportation commission shall have the

exclusive power to prescribe the proportion in which the expense of the

construction, installation, alteration or abolition of such crossings, the

separation of grades, and the continued maintenance thereof, shall be

divided between the railroad, street railroad, and the state, county,

municipality or other public authority in interest.



7. Any agreement entered into after October 13, 1963, between a

railroad or street railroad and the state, county, municipality or other

public authority in interest, as to the apportionment of any cost mentioned

in this section shall be final and binding upon the filing with the

highways and transportation commission of an executed copy of such

agreement. If such parties are unable to agree upon the apportionment of

the cost, the highways and transportation commission shall apportion the

cost among the parties according to the benefits accruing to each. In

determining such benefits, the highways and transportation commission shall

consider all relevant factors including volume, speed and type of vehicular

traffic, volume, speed and type of train traffic, and advantages to the

public and to such railroad or street railroad resulting from the

elimination of delays and the reduction of hazard at the crossing.



8. Upon application of any person, firm or corporation, the highways

and transportation commission shall determine if an existing private

crossing has become or a proposed private crossing will become utilized by

the public to the extent that it is necessary to protect or promote the

public safety. The highways and transportation commission shall consider

all relevant factors including but not limited to volume, speed, and type

of vehicular traffic, and volume, speed, and type of train traffic. If it

be determined that it is necessary to protect and promote the public

safety, the highways and transportation commission shall prescribe the

nature and type of crossing protection or warning device for such crossing,

the cost of which shall be apportioned by the highways and transportation

commission among the parties according to the benefits accruing to each.

In the event such crossing protection or warning device as prescribed by

the highways and transportation commission is not installed, maintained or

operated, the crossing shall be closed to the public.



9. The exclusive power of the highways and transportation commission

pursuant to this section shall be subject to review, determination, and

prescription by the administrative hearing commission, upon application to

that commission by any interested party. Upon filing of an application

pursuant to this subsection, the administrative hearing commission is

vested with the exclusive power of the highways and transportation

commission otherwise provided in this section, with reference to matters

reviewed, determined or prescribed by the administrative hearing

commission.



1996



389.610. 1. No public road, highway or street shall be constructed

across the track of any railroad corporation, nor shall the track of any

railroad corporation be constructed across a public road, highway or

street, nor shall the track of any railroad corporation be constructed

across the track of any other railroad or street railroad corporation at

grade nor shall the track of a street railroad corporation be constructed

across the tracks of a railroad corporation at grade, without having first

secured the permission of the division of motor carrier and railroad

safety, except that this subsection shall not apply to the replacement of

lawfully existing tracks. The division shall have the right to refuse its

permission or to grant it upon such terms and conditions as it may

prescribe.



2. Every railroad corporation shall construct and maintain good and

sufficient crossings and crosswalks where its railroad crosses public

roads, highways, streets or sidewalks now or hereafter to be opened.



3. The division of motor carrier and railroad safety shall make and

enforce reasonable rules and regulations pertaining to the construction and

maintenance of all public grade crossings. These rules and regulations

shall establish minimum standards for:



(1) The materials to be used in the crossing surface;



(2) The length and width of the crossing;



(3) The approach grades;



(4) The party or parties responsible for maintenance of the

approaches and the crossing surfaces.



4. The division shall have the exclusive power to determine and

prescribe the manner, including the particular point of crossing, and the

terms of installation, operation, maintenance, apportionment of expenses,

use and warning devices of each crossing of a public road, street or

highway by a railroad or street railroad, and of one railroad or street

railroad by another railroad or street railroad. In order to facilitate

such determinations, the division may adopt pertinent provisions of The

Manual on Uniform Traffic Control Devices for Streets and Highways or other

national standards.



5. The division shall have the exclusive power to alter or abolish

any crossing, at grade or otherwise, of a railroad or street railroad by a

public road, highway or street whenever the division finds that public

necessity will not be adversely affected and public safety will be promoted

by so altering or abolishing such crossing, and to require, where, in its

judgment it would be practicable, a separation of grades at any crossing

heretofore or hereafter established, and to prescribe the terms upon which

such separation shall be made.



6. The division shall have the exclusive power to prescribe the

proportion in which the expense of the construction, installation,

alteration or abolition of such crossings, the separation of grades, and

the continued maintenance thereof, shall be divided between the railroad,

street railroad, and the state, county, municipality or other public

authority in interest.



7. Any agreement entered into after October 13, 1963, between a

railroad or street railroad and the state, county, municipality or other

public authority in interest, as to the apportionment of any cost mentioned

in this section shall be final and binding upon the filing with the

division of an executed copy of such agreement. If such parties are unable

to agree upon the apportionment of the cost, the division shall apportion

the cost among the parties according to the benefits accruing to each. In

determining such benefits, the division shall consider all relevant factors

including volume, speed and type of vehicular traffic, volume, speed and

type of train traffic, and advantages to the public and to such railroad or

street railroad resulting from the elimination of delays and the reduction

of hazard at the crossing.



8. Upon application of any person, firm or corporation, the division

shall determine if an existing private crossing has become or a proposed

private crossing will become utilized by the public to the extent that it

is necessary to protect or promote the public safety. The division shall

consider all relevant factors including but not limited to volume, speed,

and type of vehicular traffic, and volume, speed, and type of train

traffic. If it be determined that it is necessary to protect and promote

the public safety, the division shall prescribe the nature and type of

crossing protection or warning device for such crossing, the cost of which

shall be apportioned by the division among the parties according to the

benefits accruing to each. In the event such crossing protection or

warning device as prescribed by the division is not installed, maintained

or operated, the crossing shall be closed to the public.



Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.