7 CSR — Missouri Department of Transportation

Division 10 Missouri Highways and Transportation Commission

Chapter 1 Organization; General Provisions

7 CSR 10-1.010 Description, Organization, and Information {#sec-7-csr-10-1.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-1.010}

PURPOSE: This rule updates the department’s organizational structure consistent with the department’s current business practices as required by section 536.023, RSMo.

(1) History and Authority. The Highways and Transportation Department was formed when voters approved Constitutional Amendment 2 in November 1979, merging the previously separate Highways and Transportation Departments.

Constitutional Amendment 3, approved by voters in 2004, changed the name of the Highways and Transportation Department to the Missouri Department of Transportation (MoDOT or department). Per Article IV, Section 29, Missouri Constitution, MoDOT is governed by the Missouri Highways and Transportation Commission (commission). The commission has authority over all state highways and transportation programs and facilities as provided by Article IV, Sections 29, 30(a), 30(b), and 30(c) of the Missouri Constitution. The number, qualifications, compensation, and terms of the members of the commission are fixed by law. Under Chapter 226, RSMo, the bi-partisan commission is comprised of six (6) members.

Commission members are appointed by the governor, by and with the consent of the senate, for terms of six (6) years. Not more than three (3) commissioners can be members of the same political party. The director of MoDOT, as the chief executive officer, and secretary, as record keeper for the commission, are appointed by the commission under Chapter 226, RSMo.

MoDOT is responsible for the location, design, construction, and maintenance of the state’s highway system including accommodation for non-motorized transportation. MoDOT coordinates and cooperates with the owners and operators of transportation facilities and services, which include transit, air, rail, ports, and waterborne commerce. MoDOT works with these groups in the development and improvement of public and special transit systems, airports, rail facilities, and ports. MoDOT administers federal and state funds for various transportation programs as these funds become available. In carrying out these functions, MoDOT works closely with local governments and citizens of the state in the planning and development of these programs, services, and facilities.

(2) Organization.

(A) General Management.

1. The director is the chief executive officer and is appointed by, and serves at the discretion of, the commission. The director appoints a deputy director/chief engineer, assistant chief engineer, chief administrative officer, chief counsel (with the consent of the commission), chief financial officer, chief safety and operations officer, and other leaders and employees as the commission may designate and deem necessary. Under the direction of the commission, the director is responsible for the overall operations and performance of the department and prescribes the duties and authority of employees. The selection and removal of all employees is without regard to political affiliation. The duties of the deputy director/chief engineer, assistant chief engineer, chief administrative officer, chief counsel, chief financial officer, and chief safety and operations officer are as follows:

A. The deputy director/chief engineer serves as MoDOT’s primary advisor regarding engineering issues. This position is responsible for providing general oversight of all planning, design, construction, and maintenance work for the department as determined by the director, including preparation and approval of all engineering documents, plans, and specifications. The chief engineer reports to the director and provides input on overall department decisions;

B. The assistant chief engineer provides leadership and oversight to the department’s technical engineering functions;

C. The chief administrative officer provides leadership and oversight to the department’s administrative business functions;

D. The chief counsel advises and represents the commission and the director in all actions and proceedings to which either may be a party or in proceedings under Chapters 226 and 227, RSMo, or with respect to any law administered by the commission or any order or proceeding of the commission. The chief counsel is responsible for drafting all contracts, conveyances, agreements, or other documents affecting the commission, property held or acquired by it, and any action taken by the commission. The chief counsel, with the director’s approval, appoints assistant counsel(s) as necessary to represent the commission and the department;

E. The chief financial officer provides leadership and oversight to the department’s accounting, finance, fleet, facilities, procurement, and information systems functions; and F. The chief safety and operations officer provides leadership and oversight to the department’s safety and operations functions.

2. The secretary to the commission is responsible for maintaining records of all proceedings of the commission and is the custodian of all records, documents, and papers filed with the commission, department, and other public governmental bodies established by the commission.

(B) Divisions. MoDOT pursues its mission through the following divisions:

1. Audits and Investigations is responsible for conducting audits of department operations, external contracts, grant agreements, motor carrier fuel tax returns, and apportioned registrations. The division also investigates fraud, waste, and abuse; employee grievances; Equal Employment Opportunity complaints; and conducts mediations. The division analyzes competitive bidding practices, assesses the potential for fraud in construction contracts, and conducts reviews of construction contracts;

2. Bridge is responsible for the structural design and detailed plans production for all state highway bridges, including cost estimates and site-specific job special provisions.

Additional responsibilities include maintaining the National Bridge Inventory, recommending load posting limits for both state and non-state bridges, bridge inspection, and analyzing structures for special superload overweight permit loads traveling within the state;

3. Communications is responsible for disseminating information on the activities of the commission and MoDOT to the public and to MoDOT personnel. Communications coordinates customer comments to MoDOT through public involvement meetings, customer service representatives, and surveys. Communications helps MoDOT communicate with news media through news releases and personal contact.

Communications creates strategies statewide and through MoDOT’s districts that educate and inform stakeholders through the web, social media, presentations, video, publications, (12/31/22) John R. Ashcroft TRANSPORTATION COMMISSION TRANSPORTATION displays, and other mediums;

4. Construction and Materials is responsible for administering construction contracts awarded by the commission. Contracts are awarded through the competitive bid or design build selection process, and then work is assigned to project offices geographically located throughout the state.

Engineers and technicians make owner/engineering decisions, verify contract compliance through testing and inspection, and complete and review documentation necessary to authorize payment. Construction and Materials is responsible for testing to ensure the materials used for maintenance and construction of our transportation system meet the quality standards and specifications;

5. Design is responsible for the location, environmental, and cultural resource studies required for initial evaluation of proposed projects; detailed route studies, ground surveys, and aerial photography; and design and plan preparation including cost estimates for the state transportation projects.

Design advertises and makes all preparations for receiving bids for transportation project contracts including the development of specifications and cost estimates prior to advertising for bids. Design is also responsible for acquisition of right of way required for the construction and maintenance of all state highways in addition to properties incidental to the system of state highways in Missouri, and provides relocation assistance for all persons displaced by the commission’s right of way acquisition. Design administers the disposal or lease of land considered excess to commission needs and the regulation of outdoor advertising billboards and junkyards adjacent to regulated state highways. Design administers the Scenic Byway Program;

6. Equal Opportunity and Diversity is responsible for directing the department’s Affirmative Action Program and other initiatives aimed at achieving and maintaining a diverse workforce;

7. External Civil Rights is responsible for directing the department’s external affirmative action, equal opportunity, and nondiscrimination programs, which include the Disadvantaged Business Enterprise Program, On-the-Job Training Program, Equal Employment Opportunity, Title VI, Americans with Disabilities Act (ADA), and all other nondiscrimination or affirmative action programs related to federal-aid contracting activities;

8. Financial Services is responsible for providing administrative support to MoDOT in accounting, financial reporting, and policy development, building and maintaining an effective system of internal controls, and cost accounting.

Financial Services is also responsible for coordinating financial resources and spending plans through forecasting, analysis, and training. Financial Services also performs financial planning and fiscal analysis, budget, federal aid management, innovative finance administration, and claims management functions for the department;

9. General Services is responsible for supporting MoDOT activities by providing guidance and support services in the areas of facilities management, procurement, inventory management, fleet management, and equipment repair;

10. Governmental Relations is responsible for acting as MoDOT’s liaison between Missouri’s congressional delegation, the Missouri Legislature, and local political subdivisions. Staff members review and analyze proposed transportation-related legislation affecting MoDOT and provide either support or options for improving the legislative proposals and public policies impacting the traveling public. Governmental Relations staff also serve as a liaison between MoDOT and national transportation associations;

11. Highway Safety and Traffic is responsible for leading a comprehensive approach to reduce fatalities and serious injuries on Missouri roadways by combining infrastructure improvements with efforts to change driver behavior. This includes guiding the deployment of data-driven engineering strategies and working closely with safety partners to administer federal safety grants for educational programs, traffic enforcement activities, public awareness campaigns, trainings/certifications, and more. The division also provides direction and support for traffic management and operations across the state, including signing, striping, traffic signals, lighting, intelligent transportation systems (ITS), roadway access, work zones, and traveler information services;

12. Human Resources is responsible for developing and administering the department’s statewide personnel program.

The division conducts recruiting for civil engineering positions and manages statewide efforts related to employment; worklife support; classification, pay, and employee training; development and assessment. Human Resources also develops personnel policy, maintains personnel records for employees, and provides support for all personnel activities within the central office location;

13. Information Systems is responsible for providing information technology products, services, and support to the department and coordinates its information technology activities. Information Systems staff provide technical expertise in the areas of application development, collaboration tools, computing systems, data service management, network management, cyber security, and other technical support areas;

14. Maintenance is responsible for assisting and supporting maintenance activities for the preservation and operation of the state highway system;

15. Motor Carrier Services provides information, credentials, and permits and enforces safety for businesses and individuals interested in commercial property and passenger-carrying operations on public highways in and through Missouri;

16. Multimodal Operations is responsible for administering state and federal programs that support and develop nonhighway passenger and freight transportation, which include aviation, railroads, transit, and waterways. Major programs include capital improvements, operating support, technical assistance, safety outreach, and identifying freight efficiencies/ opportunities; and 17. Transportation Planning is responsible for planning and coordinating a long-range, total transportation system for MoDOT. This includes developing the long range transportation plan; developing, coordinating, and tracking the five- (5-) year Statewide Transportation Improvement Program; mapping; collecting, managing, and analyzing data to provide a single source of information to support MoDOT’s decision process related to maintenance, construction, and reconstruction of the state transportation system; leading organizational performance management, including the production of MoDOT’s quarterly performance management document, Tracker; and facilitating process improvement, customer satisfaction, and problem-solving teams to improve operational performance.

(C) Units. Units have a smaller scope than the department’s divisions— 1. Employee Health and Wellness is responsible for the management and implementation of the medical and life insurance plans for department employees and retirees, ensuring employees are fit for duty to include the management TRANSPORTATION TRANSPORTATION COMMISSION of worker’s compensation claims and the fit for duty process, and administering the department’s drug and alcohol testing programs, including ensuring compliance with federally mandated drug and alcohol testing programs; and 2. Safety and Emergency Management is responsible for leading, managing, developing, and organizing the department’s employee safety and health, security, emergency management, traffic incident management, and safety and technical training programs; collaborating with districts and divisions to develop and implement policies and procedures to eliminate or reduce employee exposure to hazards in the department’s various work environments; implementing security protocols for the protection of employees and assets; monitoring industrial hygiene; developing safety and technical training programs; and overseeing the department’s emergency management preparedness, prevention, mitigation, response, and administration of federal disaster recovery programs.

Safety and Emergency Management is also responsible for leading the emergency support function for transportation during state or federal emergency operations center disaster activations, and staffing the recovery support function for infrastructure following state disaster declarations.

(D) Districts. Missouri is geographically divided into seven (7) districts. Each district is led by a district engineer who is responsible for supervising all activities of MoDOT within that particular district. The following counties are included in the indicated districts: Northwest District includes Andrew, Atchison, Buchanan, Caldwell, Carroll, Chariton, Clinton, Daviess, DeKalb, Gentry, Grundy, Harrison, Holt, Linn, Livingston, Mercer, Nodaway, Putnam, Sullivan, and Worth;

Northeast District includes Adair, Audrain, Clark, Knox, Lewis, Lincoln, Macon, Marion, Monroe, Montgomery, Pike, Ralls, Randolph, Schuyler, Scotland, Shelby, and Warren; Kansas City District includes Cass, Clay, Jackson, Johnson, Lafayette, Pettis, Platte, Ray, and Saline; Central District includes Boone, Callaway, Camden, Cole, Cooper, Crawford, Dent, Gasconade, Howard, Laclede, Maries, Miller, Moniteau, Morgan, Osage, Phelps, Pulaski, and Washington; St. Louis District includes Franklin, Jefferson, St. Charles, St. Louis, and the City of St.

Louis; Southwest District includes Barry, Barton, Bates, Benton, Cedar, Christian, Dade, Dallas, Greene, Henry, Hickory, Jasper, Lawrence, McDonald, Newton, Polk, St. Clair, Stone, Taney, Vernon, and Webster; Southeast District includes Bollinger, Butler, Cape Girardeau, Carter, Douglas, Dunklin, Howell, Iron, Madison, Mississippi, New Madrid, Oregon, Ozark, Pemiscot, Perry, Reynolds, Ripley, St. Francois, Ste. Genevieve, Scott, Shannon, Stoddard, Texas, Wayne, and Wright.

(E) Assigned Entities. Although assigned to the commission or MoDOT by law for organizational purposes, the following commissions, authorities, and districts operate independently of MoDOT: the Bi-State Metropolitan Development District; the Missouri-St. Louis Metropolitan Airport Authority; the Kansas City Area Transportation Authority District; and the Mississippi River Parkway Commission. The Mississippi River Parkway Commission was established by section 226.440, RSMo. All the other entities are authorized by section 14 of the Omnibus State Reorganization Act of 1974 and section 226.007, RSMo.

(3) How to Obtain Information. The official residence of the commission, as well as the offices of the director, chief counsel, commission secretary, and divisions of MoDOT, is the Missouri Department of Transportation Building in Jefferson City, Missouri. Written inquiries by the public should be addressed to the Commission Secretary, Missouri Department of Transportation Building, PO Box 270, Jefferson City, MO 65102. The general information telephone number is (573) 751- 2551. Inquiries may be made via email to comments@modot. mo.gov. Information from any district office of the department may be obtained in person, by writing, or by telephoning the District Engineer, Missouri Department of Transportation:

Northwest District, 3602 North Belt Highway, St. Joseph, MO 64506-1399, (816) 387-2350; Northeast District, 1711 South Highway 61, Hannibal, MO 63401, (573) 248-2490; Kansas City District, 600 NE Colbern Rd., Lee’s Summit, MO 64086, (816) 622-6500; Central District, 1511 Missouri Boulevard, PO Box 718, Jefferson City, MO 65102, (573) 751-3322; St. Louis District, 1590 Woodlake Drive, Chesterfield, MO 63017, (314) 275-1500;

Southwest District, 3025 East Kearney, PO Box 868, Springfield, MO 65801, (417) 895-7600; and Southeast District, 2675 N. Main Street, PO Box 160, Sikeston, MO 63801, (573) 472-5333.

Amended: Filed March 3, 2022, effective Oct. 30, 2022. *Original authority: 536.023, RSMo 1975, amended 1976, 1997, 2004.

History

• AUTHORITY: section 536.023, RSMo 2016. Original rule filed Oct. 14, 1976, effective March 1, 1977. Amended: Filed March 4, 1983, effective June 15, 1983. Rescinded and readopted: Filed June 13, 2000, effective Jan. 30, 2001. Amended: Filed June 15, 2006, effective Jan. 30, 2007. Amended: Filed Feb. 5, 2010, effective Sept. 30, 2010. Rescinded and readopted: Filed Feb. 11, 2014, effective Sept. 30, 2014. Amended: Filed Aug. 4, 2016, effective March 30, 2017. Amended: Filed Oct. 6, 2017, effective May 30, 2018.

7 CSR 10-1.020 Subpoenas {#sec-7-csr-10-1.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-1.020}

PURPOSE: Senate Bill 1202, 91st General Assembly, 2nd Regular Session, 2002, transferred to the commission and MoDOT all powers, duties, and functions of the Division of Motor Carrier and Railroad Safety, including those specifically provided for under section 622.360, RSMo, to issue subpoenas to compel the attendance of witnesses and the production of documents and other evidence in furtherance of investigations into alleged unlawful activity within its jurisdiction. This rule provides the procedure for requesting such subpoenas.

(1) A request for a subpoena as authorized by section 622.360, RSMo, requiring a person to appear in person or by video conference and give sworn testimony, or to appear in person or by video conference and produce documents, records, or other physical evidence, shall be, by signed writing, directed to either the director, chief engineer, chief financial officer, assistant chief engineer, director of motor carrier services, or director of multimodal operations. The signed, written request shall include the name and address of the witness to be served, propose a suitable time and place for the witness’s appearance, and reasonably describe the documents, records, or other physical evidence to be produced. In the case of corporate entities, the request may name the corporation and its registered agent for service of process, and defer to the corporation the designation of an informed corporate officer or safety designee to appear to so testify or produce the particular documents, records, or other physical evidence to be produced.

(2) Upon receipt of a request under section (1) of this rule, the director, chief engineer, chief financial officer, assistant chief engineer, director of motor carrier services, or director of multimodal operations may sign and issue a subpoena.

A subpoena may be served by Missouri Department of Transportation (MoDOT) employees and such other persons (12/31/22) John R. Ashcroft TRANSPORTATION COMMISSION TRANSPORTATION authorized by law to serve process. Service shall be by personal service on the named witness or service on the registered agent of any named corporation. Within ten (10) days of service of a subpoena, a return of service shall be made to the individual that signed and issued the subpoena.

(3) A subpoena may be enforced by application by the chief counsel to the circuit court of Cole County or any other county in this state where the named witness or corporation shall reside or be found.

History

• AUTHORITY: section 226.008, RSMo 2016. Original rule filed Jan. 27, 2004, effective Aug. 30, 2004. Amended: Filed Oct. 14, 2016, effective July 30, 2017. Amended: Filed June 3, 2022, effective Jan. 30, 2023. Original authority: 226.008, RSMo 2002, amended 2014.

Chapter 2 Traffic Regulation

7 CSR 10-2.010 Overdimension and Overweight Permits {#sec-7-csr-10-2.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-2.010}

(Rescinded February 28, 2006)

1988. Original rule filed Aug. 11, 1972, effective Aug. 21, 1972. Amended: Filed Sept. 18, 1972, effective Sept. 28, 1972.

Amended: Filed Feb. 1, 1973, effective Feb. 11, 1973. Amended: Filed Sept. 21, 1973, effective Oct. 1, 1973. Amended: Filed July 1, 1974, effective July 11, 1974. Amended:

Filed July 27, 1976, effective Nov. 15, 1976.

Amended: Filed Oct. 13, 1978, effective Jan. 15, 1979. Amended: Filed Dec. 8, 1978, effective April 15, 1979. Amended: Filed Sept. 2, 1980, effective Dec. 15, 1980.

Amended: Filed Oct. 6, 1982, effective Jan. 15, 1983. Amended: Filed June 1, 1984, effective Oct. 15, 1984. Amended: Filed Dec. 16, 1985, effective March 15, 1986. Amended: Filed Sept. 17, 1986, effective Dec. 15, 1986. Amended: Filed June 10, 1988, effective Oct. 13, 1988. Amended: Filed Nov. 9, 1989, effective Feb. 11, 1990. Emergency rescission and rule filed Nov. 9, 1999, effective Nov. 19, 1999, expired May 16, 2000.

Rescinded and readopted: Filed Nov. 9, 1999, effective May 30, 2000. Rescinded:

Filed July 12, 2005, effective Feb. 28, 2006.

Park Transportation Co. v. Missouri State Highway Commission,332 Mo. 592, 60 SW2d 388 (1933). Classifications by State Highway Department requiring special overlength or overweight permits are not unconstitutional—court held classifications not arbitrary or discriminatory. Citizen may have under the Fourteenth Amendment the right to transport his/her property upon state highways by motor vehicles, yet s/he has no right to make the highways his/her place of business by using them as a common carrier for hire. Such use is a privilege which may be granted or withheld by the state in its discretion without violating the due process clause or the equal protection clause; therefore, contract hauler of road material could not restrain highway commission by injunction from enforcing rules concerning the obtaining of special permits before hauling without permit from point of production to nearest station of receiving carrier, burden being on the assailant to show classification of statute is arbitrary.

State v. Schwartzman Service,225 Mo. App. 577, 40 SW2d 479 (1931). Legislature did not intend that the restricted definition of ‘’motor vehicle’’ in 1921 Act should control the meaning of the term when used in 1925 Act dealing with weight and size limits; therefore, a trailer can be a “motor vehicle” and be subject to weight and length restrictions.

Op. Atty. Gen. No. 262, Hyder, 7-11-62.A hauler regularly transporting motor vehicles carrying agricultural implements or road making machinery or road materials must obtain permit if dimensions exceed statutory authorization. No permit required for such hauler not regularly engaged in such transportation.

Op. Atty. Gen. No. 86, Stipp, 11-14-50.

Transportation of building by motor vehicle requires special permit from chief engineer of State Highway Department (State Highway Commission). Transportation of equipment of contractor by motor vehicle requires such special permit.

History

• AUTHORITY: section 304.200, RSMo Supp.

7 CSR 10-2.020 Ordering Limitation of Weights on, or Closing of, Certain State Roads {#sec-7-csr-10-2.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-2.020}

PURPOSE: This rule delegates authority of the State Highways and Transportation Commission to its chief engineer to immediately close or limit the use of state highways when extraordinary conditions jeopardize the preservation of such roads.

(1) The chief engineer, or his or her designee, may close wholly or in part, or set a maximum vehicle weight limit on, any road within the state highway system as he or she finds necessary for the safety of the traveling public or for the purpose of, or related to, the construction or maintenance of the state roadway system.

Any closure or maximum weight limit imposed on any state highway shall be subject to the posting of signs that shall be located along the highway in the chief engineer’s sole discretion to give notice to the traveling public.

Filed Feb. 9, 2018, effective Sept. 30, 2018. *Original authority: 227.250, RSMo 1939 and 304.210, RSMo 1939.

History

• AUTHORITY: sections 227.250 and 304.210, RSMo 2016. Original rule filed Feb. 17, 1950, effective Feb. 27, 1950. Amended:

7 CSR 10-2.030 Weight Limitation Exception {#sec-7-csr-10-2.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-2.030}

(Rescinded July 30, 2017)

JOHNR. ASHCROFT(8/31/18)

History

• AUTHORITY: sections 226.020, 226.150, and 304.180, RSMo 1986 and 23 USC 127 1987. Emergency rule filed Feb. 16, 1988, effective Feb. 26, 1988, expired June 25, 1988. Original rule filed Feb. 16, 1988, effective May 12, 1988. Rescinded: Filed Oct. 14, 2016, effective July 30, 2017.

Chapter 3 Utility and Private Line Location and Relocation

7 CSR 10-3.010 Location and Relocation of Utility Facilities on State Highways {#sec-7-csr-10-3.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-3.010}

PURPOSE: This rule provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of utility facilities on the right-of-way of highways in the state highway system to provide for the public safety and to facilitate the construction and maintenance of these highways.

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) Application.

(A) The following rule is established for the location or relocation of utility facilities on the right-of-way of highways in the state highway system. Any location or relocation of utility facilities contrary to this rule and without a permit or an approved variance is declared to be an interference with the construction, maintenance, or operation of state highways and their right-of-way and is prohibited.

(B) Except as expressly exempted in this

rule, all work to be performed on right-ofway of the state highway system in connection with the location, relocation, or maintenance of utilities, and where the roadway, shoulders, or right-of-way will be affected by the work, must be done only under a permit or agreement to be issued prior to the commencement of said work by authority of the Missouri Highways and Transportation Commission and that specifies the nature of the work to be performed. Application for these permits shall be made on forms M-460 provided for that purpose, which is incorporated by reference and made a part of this rule, as published by the Missouri Department of Transportation, 105 W. Capitol Ave., PO Box 270, Jefferson City, MO 65102, on July 1, 2020.

This rule does not incorporate any subsequent amendments or additions to the Application. Applications for permits may be obtained at any of the seven (7) district highway offices of the commission, Missouri Department of Transportation’s website located at: http://modot.mo.gov/design/UtilityResources/Permits.htm, or by requesting the applications from the office of the Missouri Highways and Transportation Commission at the Missouri Department of Transportation Building, PO Box 270, Jefferson City, MO 65102, or by calling (573) 751- 2551.

(C) When emergency operations work is necessary, the damaged facility may be accessed immediately and without a permit by leaving the through roadways at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the commission’s district engineer or his/her designee for the district where in the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced.

For the purposes of this subsection (1)(C), emergency operations include, but are not limited to, unplanned work in response to utility lines or facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.

(D) This rule does not apply to utility lines for services to facilities required for operating the highway on the state highway system.

(2) Road Classification.

(A) Interstate System or Other Freeways.

Interstate highways and highways with fully controlled access.

(B) High Type Roads. Roadways with a constructed base and/or a wearing surface (other than aggregate) of two inches (2") or more thickness which have limited access, but not fully controlled or no access control.

(C) Low Type Roads. Roadways with an aggregate surface or an asphalt wearing surface which is less than two inches (2") in thickness.

(3) Definitions and General Information.

(A) Ditch line. A break line where the roadway ditch meets the back slope. It is located at the lowest point of a V-bottom ditch or furthest point from the roadway of a flat bottom ditch where the roadway slopes back to the existing ground line.

(B) Duct. An enclosed tubular casing, or raceway, for protecting wires, lines, or cables which is often flexible or semirigid (one to three percent (1–3%) diametric deflection).

The casing, or raceway, is separate from the cable or conductor which passes through it.

(C) Encasement. Encasement as used in this policy means the placing of an installation around and outside of an underground facility consisting of a larger conduit which will permit the removal and replacement of the facility. An alternate to the conduit type encasement would be reinforced concrete poured around the facility. Acceptable materials are described in section (5).

(D) Limits of interchanges. For the uniform handling of utility installations only, the limits of interchanges are the outside ramp curve points.

(E) Minimum cover for new underground utilities is: forty-two inches (42") for all water lines (parallel and crossings); forty-two inches (42") for fiber optic cable (crossings, encased in rigid conduit); seventy-two inches (72") for fiber optic cable (crossings encased in polyethylene (PE) pipe); thirty inches (30") for direct burial and in-trench fiber optic cable (parallel); twenty-four inches (24") for all other direct burial cable (parallel); seventy-two inches (72") for uncased polyethylene (PE) gas pipe crossings under ditches and roadways but thirty inches (30") elsewhere and thirty inches (30") for all other (such as, but not limited to, gravity sewers, force sewers, and electric) underground utilities (parallel and crossings).

(F) Normal right-of-way line. An imaginary line that connects sudden breaks in the major right-of-way points for roadways. Sight distance right-of-way points (triangles) at roadway intersections are not to be considered as sudden breaks for determining normal right-of-way.

(G) Pull box width. Maximum pull box width, perpendicular to the right-of-way line within the utility corridor, is thirty inches (30").

(H)

Scenic enhancement areas. Scenic enhancement areas include areas acquired or so designated as scenic strips, overlooks, rest areas, and all rights-of-way of highways adjacent thereto and the rights-of-way of highways which pass through public parks, recreation areas, wildlife or waterfowl refuges, and historic sites as described under Title 23 United States Code (U.S.C.), section 138, which is incor porated by reference and made a part of this rule, as published by the United States Superintendent of Documents, 732 N.

Capitol Street NW, Washington D.C. 20402- 0001, website: http://bookstore.gpo.gov, on November 13, 2019. This rule does not incorporate any subsequent amendments or additions.

(I) Utility. Privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public and does not include privately-owned facilities devoted exclusively to private use. The term utility also means the utility company inclusive or any wholly owned or controlled subsidiary.

The term utility includes those facilities used solely by the utility which are a part of its operating plant. The term also includes those utility type facilities owned or leased by a government agency for its own use or otherwise dedicated solely to governmental use.

(J) Utility corridor. An area established for the placement of utility facilities parallel to and within six feet (6') of the normal rightof-way. The utility corridor may be expanded from six feet (6') to up to twelve feet (12') where space is reasonably available, and only as determined by the department pursuant to

section (10) of this rule.

(K) Variance. A one- (1-) time deviation from the requirements for location or relocation of utility facilities on the right-of-way of highways in the state highway system as established in Title 7 Code of State Regulations 10-3, requested by the utility and approved by a MoDOT district utilities engineer. The process for requesting and approving a variance is described in section (9) of this rule.

(L) Vertical clearance for overhead crossings. The vertical clearance of new or existing overhead installations is not less than the current minimum requirements of the National Electric Safety Code, but in no case less than eighteen feet (18'). The National Electric Safety Code is incorporated by reference and made a part of this rule as published by the Institute of Electrical and Electronics Engineers-Standards Association, 501 Hoes Lane, 3rd Floor, Piscataway, New Jersey 08855, website: http://standards.ieee.org, on August 1, 2016. This rule does not incorporate any subsequent amendments or additions to these standards.

(4) Location and Relocation of Utility Lines.

(A) Interstate System or Other Freeways.

1. General policy.

A. All utility installations on highways of the interstate system or other freeways shall be installed, serviced, and maintained without entering or leaving the through-traffic roadways and ramps except at points approved by the department for that

purpose and without parking any equipment or storing materials upon the medians, through roadways and ramps, or shoulders of the roadways.

B. New service connections to existing parallel facilities shall be permitted only where an outer roadway exists and then only where access is permitted by the commission.

2. Roadway crossings of utilities.

A. Overhead crossings are permitted for power transmission and distribution lines and for multiple circuit communication lines where an underground installation is not economically feasible. Supports for existing overhead crossing facilities may be located on the right-of-way near the right-of-way line.

Supports for new overhead crossing facilities may be located on the right-of-way near the right-of-way line where an outer roadway exists and shall be located off the right-ofway where no outer roadway exists. Overhead service crossings are not permitted except as described in paragraph (4)(A)3.

B. Underground utility crossings shall be continuously encased under the through roadways, medians, ramps, and shoulder areas with the casing extending to the toe of the fill slopes or to the ditch line, and where installed by open trench through unpaved areas, have detector tape placed approximately one foot (1') above the encasement.

Encasement will be used under high type outer roadways. Manholes or vent pipes will be located at the right-of-way line or adjacent to the outer roadway. Additional encasement requirements include the following:

(I) In curb sections, extend outside the outer curb of the roadways a distance (II) For fiber optic cable, extend of-way line. Exceptions may be made for encasement as follows: non-fiber communication or electric cables installed in ducts; welded steel pipelines carrying gaseous or liquid petroleum products provided they are connections of steel or copper, protected and applicable material requirements; and water service connections and crossings of copper two inches (2") inside diameter or less and meeting applicable material requirements.

3. Service crossings may be permitted in isolated cases for residential or commercial establishments when the denial of these crossings would require construction of more than twelve hundred feet (1,200') of utility line to provide the service. Main or distribution line crossings shall be required to serve a general area other than isolated cases.

4. Parallel installations on the right-ofway may be permitted only where an outer roadway exists, provided that poles are within two feet (2') of the normal right-of-way line and underground facilities are within six feet (6') of the normal right-of-way line, and provided that the facility can be installed and maintained between the outer roadway and the right-of-way line, except that— A. Existing overhead or underground facilities that parallel an existing roadway which will be incorporated into the completed highway as an outer roadway may remain in place if all maintenance and service can be performed from an outer roadway and the existing location does not interfere with construction, maintenance, or operation of the completed highway;

B. Existing parallel facilities along an existing road which will be incorporated into the completed highway, except as permitted in subparagraph (4)(A)4.A., shall be relocated to the normal right-of-way line—poles to be within five feet (5') and underground installations within six feet (6') thereof;

C. Existing telephone conduit systems type of communication cable until full; and D. Underground facilities are expectsections unless granted a variance. Overhead facilities may be allowed to span intersecting roadways with sight distance triangles (SDTs) provided the poles, or supports, are located outside the SDT.

5. Guys, anchors, braces, and other utility supports will be located at right-of-way jogs, along intersecting road right-of-way or mum.

6. Existing gravity trunk sanitary sewers may be considered individually and removed or left in place, contingent upon age, condition, feasibility of moving, and whether service and maintenance can be performed without entering or leaving the through roadways and ramps except at points provided for that

purpose or without parking any equipment or storing materials upon the median, through roadways, ramps, or shoulders. Encasement for existing trunk sanitary sewer crossings may be required for questionable condition, protection during construction or heavy fills.

Manholes are to be relocated to the right-ofway lines or adjacent to an outer roadway.

7. Encasement is not necessary for new clay, reinforced concrete, or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure. Manholes are to be located off the right-of-way where possible or adjacent to an outer roadway.

8. Interchanges and separations.

A. No facilities will be permitted within the limits of an interchange separation where planned or existing.

B. Utility installations within the limits of an interchange or separation will be permitted only along the minor road, provided that all construction, service, and maintenance can be performed from the minor road.

Manholes and poles shall be located beyond the ramp termini.

9. Structures.

A. No utility facilities will be permitted in or on a structure carrying an interstate road or other freeway.

B. No utility facilities will be permitted in or on a structure carrying a minor road over an interstate road or other freeway except wires and then only when no other practical means exist for crossing. All such crossings shall be by agreement.

(B) High Type Roads (Limited but not Fully Controlled Access Right-of-Way).

1. General policy. All utility facilities shall be installed, serviced, and maintained without entering or leaving the highway except at approved access points, and without parking equipment and materials on the median, pavement, ramps, or shoulders, and without cutting or damaging the roadway surface or paved shoulders. New service connections to parallel facilities and service crossings shall be permitted only at access points granted by the commission.

2. Roadway crossings of utilities.

A. Overhead mainline crossings are permitted provided the supports are located as near to the right-of-way line as possible. New overhead service crossings may be permitted in isolated cases for residential or commercial establishments where the denial of such crossings would require the construction of more than twelve hundred feet (1,200') of utility line to provide the same service. Supports for service crossings shall be located as near to the right-of-way line as possible.

B. Underground utility crossings shall be continuously encased under the through roadways, median, ramps, and shoulder areas with the casing extending to the toe of the fill slopes or to the ditch line, and where installed by open trench through unpaved areas, have detector tape placed approximately one foot (1') above the encasement.

Encasement will be used under high type outer roadways. Manholes or vent pipes will be located at the right-of-way line or adjacent to the outer roadway. Additional encasement requirements include the following:

(I) In curb sections, extend outside the outer curb of the roadways a distance (II) For fiber optic cable, extend of-way line. Exceptions may be made for encasement as follows: non-fiber communications and electric cables installed in ducts; welded steel pipelines carrying gaseous or liquid petroleum products, provided they are connections of steel or copper, protected and applicable materials requirements; and water service connections and crossings of copper two inches (2") inside diameter or less and meeting applicable material requirements.

3. Parallel facilities. Parallel installations on the right-of-way will be permitted provided that poles are within two feet (2') of the normal right-of-way line and underground facilities are within six feet (6') of the normal right-of-way line except— A. Existing poles being relocated shall be placed within five feet (5') of the normal right-of-way line;

B. Existing overhead facilities that parallel an existing roadway which will be incorporated into the completed roadway may remain in place if all maintenance and service can be performed in accordance with provisions of paragraph (4)(B)1. and their existing location does not interfere with construction, maintenance, or operation of the completed highway;

C. Existing underground facilities (other than sanitary sewers) that parallel an existing roadway, which will be incorporated into the completed roadway, may be left in place where it is impractical to relocate the facility provided that maintenance and service be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway;

D. Multiple facilities at intersections, existing steel pipe transmission and distribution facilities for gaseous petroleum products that parallel an existing roadway, which will be incorporated into the completed roadway, may be left in place subject to an agreement by the utility company with the commission that maintenance or service, and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, or operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements;

E. Guys, anchors, braces, and other utility supports will be located at right-of-way jogs, along intersecting road right-of-way, or mum;

F. Existing telephone conduit systems type of communications cable until full; and G. Underground facilities are expecticy. Overhead facilities may be allowed to span intersecting roadways with SDTs provid- 4. Existing gravity sanitary sewer mains will be considered individually and removed or left in place contingent upon age, condition, feasibility, or moving and whether service and maintenance can be performed without damaging the roadway surfacing. If an existing parallel gravity main is left in place within the limits of the paved surface, paved shoulder lines or curb lines, stub mains as required shall be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes shall be relocated outside the traveled roadway.

Encasement for existing gravity trunk sanitary sewer crossings may be required for questionable condition, protection during construction, heavy fills, or installations under pressure.

5. Encasement is not necessary for new clay, reinforced concrete, or cast iron pipe except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure. Manholes are to be located as near the right-of-way line as practical.

6. Interchanges and separations.

A. No facilities will be permitted within the limit of an interchange separation where planned or existing.

B. Utility installations within the limits of an interchange or separation will be permitted only along the minor road provided that all construction, service, and maintenance can be performed from the minor road.

Manholes and poles shall be relocated beyond the ramp termini.

7. Structures.

A. No utility facilities will be permitted in or on a structure carrying a limited access high type road.

B. No utility facilities will be permitted except by agreement with the commission that includes any fees for increased maintenance costs involved in or on a structure carrying a minor road over a high type road except wires and then only where no other practical means exist for crossing.

(C) High Type Roads (Without Access Control).

1. General policy.

A. All new facilities shall be installed and maintained without cutting or damaging the roadway surface or paved shoulders except that in the event that underlying rock formations or other obstructions are encountered that prevent boring or pushing operations, special permission may be granted for pavement cuts when the need is established.

B. Pavement cuts may be made by permit only. Permits will be issued only when it is impractical to otherwise service and maintain the facility.

2. Roadway crossings of utilities.

A. Overhead main line and service crossings are permitted provided the supports are located near the right-of-way lines.

B. Underground facilities generally shall be continuously encased under the through roadways, median, ramps, and shoulder areas with the casing extending to the toe of the fill slopes or to the ditch line, and where installed by open trench through unpaved areas, have detector tape placed approximately one foot (1') above the encasement. Encasement will be used under high type outer roadways. Manholes or vent pipes will be located at the right-of-way line or adjacent to the outer roadway. Additional encasement requirements include the following:

(I) In curb sections, extend outside the outer curb of the roadway(s) a distance (II) For fiber optic cable, extend of-way line. Exceptions for encasement may be made as follows: non-fiber communication and electric cables installed in ducts; welded steel pipelines carrying gaseous or liquid petroleum products, provided they are connections of steel or copper, constructed and protected in accordance with and meeting the applicable material requirements; and water service connections and crossings of copper two inches (2") inside diameter or less and meeting the applicable material requirements.

3. Parallel installations on the right-ofway will be permitted provided that poles are within two feet (2') of the normal right-ofway line and underground facilities are within six feet (6') of the normal right-of-way line except— A. Existing poles, being relocated, shall be within five feet (5') of the normal right-of-way line;

B. Existing overhead facilities that parallel an existing roadway, which will be incorporated into the completed roadway, may remain in place if their existing location does not interfere with construction, maintenance, or operation of the completed highway;

C. Existing underground facilities (other than sanitary sewers) that parallel an existing roadway, which will be incorporated into the completed roadway, may be left in place where it is impractical to relocate the facility provided that maintenance and service can be performed without cutting or damaging the pavement or interfering with the construction, maintenance, and operation of the highway;

D. Multiple facilities at intersections, existing steel pipe transmission, and distribution facilities for gaseous petroleum products that parallel an existing roadway, which will be incorporated into the completed roadway, may be left in place subject to an agreement by the utility company that maintenance, service, and facility expansion will be performed without cutting or damaging the pavement or interfering with the construction, maintenance, or operation of the highway and provided that the facility is cathodically protected against corrosion and meets the applicable material requirements;

E. Guys, anchors, braces, and other utility supports will be located at right-of-way jogs, along intersecting road right-of-way or mum;

F. Existing telephone conduit systems type of communication cable until full; and G. Underground facilities are expecticy. Overhead facilities may be allowed to span intersecting roadways with SDTs provid- 4. Existing sanitary sewer mains shall be considered individually and removed or left in place contingent upon age, condition, feasibility of moving, and whether service and maintenance can be performed without damaging the roadway surfacing. If an existing parallel main is left in place within the limits of the paved surface, paved shoulder, or curb lines, stub mains as required shall be laid between the sewer main and curb or shoulder lines for future service connections in each block. Manholes, where necessary, shall be relocated outside the traveled roadway wherever practical. Encasement for existing trunk sanitary sewer crossings may be required for questionable condition, protection during construction, heavy fills, or installations under pressure.

5. Encasement is not necessary for new clay, reinforced concrete, or cast iron except when installation procedures would produce voids in the roadbed, heavy fills, or installations under pressure. Manholes are to be located as near the right-of-way line as practical.

6. Structures.

A. No utility facilities will be permitted in or on a grade separation structure except wires (communication, electric power, fiber, or metal) and then only where no other practical means exist for crossings.

B. No utility facilities shall be placed on any structure except by agreement.

(D) Low Type Roads (Without Access Control).

1. Roadway.

A. Existing parallel surface installations interfering with construction, maintenance, or operation shall be relocated to within five feet (5') of the normal right-ofway line. Poles for new parallel surface installations shall be located within two feet (2') of the normal right-of-way line. Careful consideration shall be given to the location of guys, anchors, braces, and other supports.

Generally, good design procedure will provide that these appurtenances be located at right-of-way jogs, along intersecting road right-of-way, or at other similar acceptable locations, so that encroachment is held to an absolute minimum.

B. Existing parallel underground installations interfering with construction, maintenance, or operation shall be relocated to as near the right-of-way line as practical.

New parallel underground installations shall be located within six feet (6') of the normal right-of-way line. Existing telephone conduit systems with multiple ducts may be filled with any type of communication cable until full.

C. Existing overhead crossings that interfere with construction, maintenance, or operation shall be relocated with their supports as near the right-of-way line as is practical. New overhead crossing installations shall be located with their supports as near the right-of-way line as is practical.

D. Installation of underground utility crossings may be made by utilizing pavement cuts issued by permit. Permits will only be issued for pavement cuts when servicing and maintaining the facility by any other methods is impractical. Encasement with detector tape placed approximately one foot (1') above it, as provided in section (5), is required for fiber optic cable that extends from within six feet (6') of one right-of-way line to within six feet (6') of the other right-of-way line, pressure lines except welded steel pipelines carrying gaseous or liquid petroleum products provided they are cathodically protected against corrosion and natural gas distribution polyethylene (PE) plastic pipe of nominal six inches (6") diameter maximum bored a minimum of seventy-two inches (72") below the ditches meeting the applicable material requirements, sewers, and drains when crossing under the roadway using polyethylene, polyvinyl chloride (PVT), thermoplastic, asbestos cement, or acrylonitrile butadiene styrene (ABS) pipe material.

E. Underground facilities are expecticy. Overhead facilities may be allowed to span intersecting roadway with SDTs provid- 2. Structures. No utility facilities will be permitted except by agreement with the commission that includes any fees for increased maintenance costs involved in or on any structure or in or on a grade separation except wires (communication, electric power, fiber, or metal) and then only where no other practical means exist for crossings.

(E) Scenic Enhancement Areas.

1. Above Ground Utility. All existing above ground utility facilities within the limits of a scenic enhancement area impacted by construction or reconstruction shall be located underground or relocated beyond the limits of the scenic enhancement area unless such location or relocation is otherwise not authorized under this rule. No new above ground facilities will be permitted.

2. Underground Utility. New underground facilities will be permitted provided they do not extensively alter or impair the appearance of the area.

(5) Approved Materials for Underground Utility Facilities (Including Carrier and Encasement). Utility companies are allowed to use the types of material as a carrier and encasement for its facilities as expressly provided for in the respective permit issued by the department for any utility location, relocation, and maintenance work where the use of the material is contemplated.

(6) Protective equipment. Cables, wires, small diameter pipes, and other such utility appurtenances extending from the surface of the ground shall be equipped with covers or guards to improve their visibility.

(7) Cutting Pavement. In the event that permission is granted to cut an existing P.C.C. or A.C. pavement, all cuts, if possible, shall be made with a saw to a minimum depth of two and one-half inches (2 1/2"). The width of cut shall be determined by the width of required trench plus twelve inches (12") on each side of the trench. In the event that the distance to any adjacent longitudinal or transverse joint or crack is less than four feet (4'), the pavement shall be removed to that joint or crack. All pavement repair shall be made in compliance with the 2020 Missouri Standard Specification for Highway Construction, which is incorporated by reference and made a part of this rule, as published by the Missouri Department of Transportation, 105 W. Capitol Ave., PO Box 270, Jefferson City, MO 65102, website: http://www.modot.org/business/standards_an d_specs/highwayspecs.htm, on July 1, 2020.

This rule does not incorporate any subsequent amendments or additions to the Standard Specifications.

(8) Special Conditions. Special conditions at specific locations, which make adherence to this rule impractical, will be subject to approval by the district utilities engineer for consideration of an acceptable alternate.

(9) Variance Process. Any utility authorized under section 227.240, RSMo, may apply for a variance. The process for requesting a variance is as follows:

(A) Utilities may submit to the district utilities engineer a written request for approval of a plan that does not conform to the requirements of this rule. The utility must clearly show the following:

1. The provision(s) or guideline(s) in this rule for which the variance is being requested;

2. The condition(s) which the utility believes warrants the granting of a variance;

3. A thorough explanation of the reason(s) for the requested variance, including safety, aesthetic, economical, or other data which apply to the request; and 4. Sufficient and appropriate documentation of the barriers to installing the utility facility in accordance with this rule, how installing according to this rule would be adverse to the function, access, or maintenance of the utility and not in the best interest of the public;

(B) The utility bears the full responsibility of demonstrating to the department’s satisfaction that the variance is the most appropriate way to serve the public interest. The department may present, and the utility must consider, reasonable alternatives to the variance requested by the utility;

(C) The department must obtain Federal Highway Administration (FHWA) concurrence to the variance request when the variance is on the interstate system; and (D) In determining whether to grant a variance, the department will consider all relevant factors, including, but not limited to, whether:

1. The requested variance is reasonably necessary for the convenience, safety, and/or welfare of the public; or 2. There is exceptional or undue financial burden or other hardship on the specific applicant, or a physical impracticability that would result from the applicant’s compliance with the location/relocation provisions in this

rule, that would be lessened by department approval of the requested variance; or 3. The requested variance will impair the safe construction, maintenance, or operations of the highway, or otherwise conflict with the purposes of the rule; or 4. The requested variance will be detrimental to the public health, welfare, and/or public travel, traffic, or safety on the highway.

(10) Utility Corridor Dimension. When considering if the current utility corridor is available to expand from six feet (6') to as much as twelve feet (12'), the commission delegates to the department the sole authority to determine if expansion is warranted. In making its determination, the department will consider the existing utilization of the original six feet (6') corridor. Poles must remain within two feet (2') of the normal right-ofway line. The utility corridor will only be expanded beyond six feet (6') if the original six feet (6') corridor is fully utilized and additional space would be required to accommodate additional utility facilities. Nothing in this rule requires the commission to acquire additional right-of-way. When considering a new underground utility facility within the expanded corridor, the available space shall be limited such that the distance from the ditch line to the proposed utility facility location shall be equal to or greater than the intended depth of the new utility facility installation, as described in the Definitions and General Information section of this rule.

Filed Aug. 15, 1967, effective Aug. 25, 1967.

Amended: Filed Dec. 3, 1968, effective Dec. 13, 1968. Amended: Filed Jan. 20, 1970, effective Jan. 30, 1970. Amended: Filed April 8, 1971, effective April 18, 1971. Amended:

Filed Nov. 22, 1972, effective Dec. 2, 1972.

Amended: Filed Aug. 9, 1974, effective Aug. 19, 1974. Refiled: March 17, 1976, effective March 17, 1976. Rescinded and readopted:

Filed May 12, 1978, effective Aug. 11, 1978.

Amended: Filed Feb. 21, 1984, effective Aug. 15, 1984. Amended: Filed June 10, 1988, effective Nov. 11, 1988. Amended: Filed Aug. 8, 1997, effective Feb. 28, 1998. Amended:

Filed Oct. 7, 2002, effective May 30, 2003.

Amended: Filed Nov. 14, 2017, effective June 30, 2018. Amended: Filed Sept. 3, 2020, effective April 30, 2021. *Original authority: 226.020, RSMo 1939 and 227.240, RSMo 1939, amended 2005, 2006, 2018.

History

• AUTHORITY: section 226.020, RSMo 2016, and section 227.240, RSMo Supp. 2020. Original rule filed Jan. 21, 1965, effective Jan. 31, 1965. Amended: Filed May 8, 1965, effective May 18, 1965. Amended: Filed Aug. 5, 1966, effective Aug. 10, 1966. Amended:

7 CSR 10-3.020 Utility Relocation Hearings and Variance Request Hearings {#sec-7-csr-10-3.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-3.020}

PURPOSE: This rule provides a uniform procedure for administrative hearings concerning variance requests and location and relocation of utility improvements and facilities within the rights-of-way of state highways.

(1) Hearing Authorized.

(A) Utility Relocation Hearings. The commission has authority to order the location and relocation of utility improvements and facilities within the right-of-way of any state highway to prevent interference with the construction, maintenance, and public use of state highways. Before exercising its authority to order the relocation of utility facilities within the right-of-way, the commission shall provide the opportunity for an administrative hearing under section 227.240, RSMo to any entity, person, or corporation authorized under section 227.240, RSMo to own or maintain utility lines, poles, wires, conduits, pipelines, and tramways (utility facility) within state highway right-of-way regarding the commission’s proposed plan of utility facility location or relocation and other incidental matters. Such entity, person, or corporation may waive, at any time, the right to an administrative hearing under section 227.240, RSMo, which is to be provided to the district engineer or his/her designee or the hearing examiner.

(B) Variance Request Informal Hearings.

1. Request for Informal Hearing. If denied a utilities variance, the applicant will have thirty (30) calendar days to request an informal hearing for the purpose of appealing the denial. The applicant will submit its request for an informal hearing to the State Design Engineer, Missouri Department of Transportation, PO Box 270, Jefferson City, MO 65102.

2. Procedure. If the applicant requests an informal hearing, the department’s authorized representative will advise the applicant of the time, date, and place of the hearing.

This hearing is not a contested case under

Chapter 536, RSMo. The rules of evidence will not apply at the hearing and the department’s decision after conduct of the hearing is not subject to appeal.

(2) Notice of Hearing – Utility Relocations.

Upon request by the district engineer, the commission’s hearing examiner shall prepare a written notice of hearing that includes a plan or drawing indicating the locations within the right-of-way in which utilities may be located and maintained, state when the commission or its contractor is scheduled to begin work on the right-of-way, state the date by which work shall be completed on utilities within the right-of-way, fix the time and place of the administrative hearing, and advise that the purpose of the hearing is to consider the commission’s proposed plan of utility location and other incidental matters. The notice of hearing may be served upon each entity, person, or corporation, authorized under section 227.240, RSMo to own or maintain a utility facility within the right-of-way by certified mail, with return receipt requested, at least fifteen (15) days before the date of the hearing.

(3) Hearing Officer. The commission’s hearing examiner presides at and conducts the hearing as provided in Chapter 536, RSMo and this rule, including, but not limited to, ruling on all discovery matters, objections, and motions, and having the hearing record transcribed.

(4) Discovery. The parties to the hearing may conduct any method of discovery authorized in Chapter 536, RSMo.

(5) Subpoenas. Witnesses may be summoned to appear and give testimony or to give testimony and produce documents by a subpoena or subpoena duces tecum issued by the hearing examiner at the request of any party as authorized under section 536.077, RSMo.

(6) Evidence, Arguments, and Briefs. The commission shall first present its evidence at the hearing. Then any party may present evidence in opposition. The parties may offer closing arguments before conclusion of the hearing. The hearing examiner may require written briefs to be filed within the time set by the hearing examiner for the use of the commission in reaching a final decision.

(7) Transcript. Any party may obtain a copy of the transcript of the hearing at that party’s expense.

(8) Report and Order. As soon as practical after receipt of the transcripts and briefs of the parties, if any, the hearing examiner shall submit to each member of the commission a full copy of the transcript of the proceedings along with a proposed report and order for consideration by the commission.

(9) Final Decision. As soon as practical after receipt of the transcript and proposed report and order, the commission members shall render a final decision in writing.

Filed Sept. 3, 2020, effective April 30, 2021. *Original authority: 227.240, RSMo 1939, amended 2005, 2006, 2018.

History

• AUTHORITY: section 227.240, RSMo Supp. 2020. Original rule filed May 12, 1978, effective Aug. 11, 1978. Amended: Filed Nov. 14, 2017, effective June 30, 2018. Amended:

7 CSR 10-3.030 Location and Relocation of Private Lines on State Highways {#sec-7-csr-10-3.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-3.030}

PURPOSE: This rule defines private lines and establishes where private lines should be located on state highway right-of-way and provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of private lines on the right-of-way of state highways.

(1) Private lines are defined as privatelyowned facilities which convey or transmit communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system but which is devoted exclusively to private use.

(2) Private lines are permitted to cross the right-of-way of a highway on the state highway system in the same manner as provided for utility facilities in 7 CSR 10-3.010.

(3) Longitudinal use of the highway right-ofway by private lines is not permitted except as provided for in section (4) of this rule.

(4) Special conditions at specific locations which make adherence to this policy impractical may be submitted to the Missouri Department of Transportation chief engineer for consideration of an acceptable alternative.

( 5) Except as herein described, all work to be performed on right-of-way of the state highway system in connection with the location, relocation, or maintenance of private lines, and where the roadway, shoulders, or rightof-way will be affected by the work, must be done only under a permit or agreement to be issued prior to the commencement of the work by authority of the Missouri Highways and Transportation Commission and that specifies the nature of the work to be performed. Application for permits may be made on forms provided for that purpose.

The chief engineer shall determine and order the location and relocation of private lines within the right-of-way of any state highway to prevent interference with the construction, maintenance, and public use of state highways. A deposit or bond may be required, in the department’s sole discretion, to insure completion in accordance with the permit issued. Applications for permits may be obtained at any of the seven (7) district highway offices of the commission, Missouri Department of Transportation’s website located at: http://modot.mo.gov/design/UtilityResources/Permits.htm, or by requesting the applications from the office of the Missouri Highways and Transportation Commission at the Missouri Department of Transportation Building, 105 W. Capitol Ave., PO Box 270, Jefferson City, MO 65102, or by calling (573) 751-2551.

(6) When emergency operations work is necessary, the damaged facility may be accessed immediately and without a permit by leaving the through roadways at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the commission’s district engineer or his/her designee for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. For the purposes of this section (6), emergency operations include, but are not limited to, unplanned work in response to utility lines or facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety.

Filed July 29, 1994, effective Feb. 26, 1995.

Amended: Filed Nov. 14, 2017, effective June 30, 2018. *Original authority: 226.020, RSMo 1939 and 227.240, RSMo 1939, amended 2005, 2006.

History

• AUTHORITY: sections 226.020 and 227.240, RSMo 2016. Original rule filed June 10, 1988, effective Nov. 11, 1988. Amended:

7 CSR 10-3.040 Division of Relocation Costs {#sec-7-csr-10-3.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-3.040}

(Rescinded December 30, 2003)

History

• AUTHORITY: sections 226.020 and 227.240, RSMo 2000. Original rule filed Oct. 7, 2002, effective May 30, 2003. Emergency rescission filed June 6, 2003, effective June 16, 2003, expired Feb. 26, 2004. Rescinded: Filed June 6, 2003, effective Dec. 30, 2003.

Chapter 4 Uniform Relocation Assistance

7 CSR 10-4.010 Administrative Review of Denial of Eligibility Or Amount of Relocation Denny Hoskins (3/31/25) {#sec-7-csr-10-4.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-4.010}

TRANSPORTATION TRANSPORTATION COMMISSION

TRANSPORTATION

Transportation Commission

7 CSR 10-4.010 Administrative Review of Denial of Eligibility Or Amount of Relocation Assistance Benefits {#sec-7-csr-10-4.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-4.010}

PURPOSE: This rule provides a uniform system for administrative review of department determinations as to the eligibility for relocation assistance payments, the amount of relocation assistance payments, or both.

(1) Request for Administrative Review. Any person aggrieved by a final district determination as to eligibility for, the amount of a relocation assistance payment, or both, is entitled to administrative review of the determination by filing a written request for hearing with the district engineer.

(A) Receipt Deadline. The request for hearing must be received by the district engineer within sixty (60) days after receipt by the applicant of the written notice of relocation claim rejection from the district engineer.

(B) Application. To be sufficient to authorize administrative review, the applicant’s written request for hearing shall identify the person requesting the hearing, state that such person is eligible for a relocation assistance payment, and request that a relocation assistance payment in a specific amount be made to such person.

(C) Answer. No answer or response by the department is necessary. Upon receipt of a request for hearing, the district engineer immediately shall forward the request along with a copy of the district engineer’s written notice of relocation claim rejection to the commission’s chief counsel. The chief counsel shall acknowledge receipt of the request and assign counsel as the commission’s hearing examiner and department counsel, respectively, to the hearing.

(2) Untimely Request for Administrative Review. Untimely requests for hearing shall result in the appeal board having no jurisdiction to hear the request. As a result, the commission’s hearing examiner shall issue an order that dismisses the applicant’s request and notify the applicant or counsel for applicant and department counsel in writing by certified mail, return receipt requested of the order.

(3) Hearing Officer. The hearing examiner will conduct the hearing as provided in Chapter 536, RSMo and this rule, including, but not limited to, ruling on all discovery matters, objections, and motions, and having the hearing record transcribed.

(4) Notice of Hearing. The hearing examiner shall give written notice of the date of the hearing to the applicant or counsel for applicant and counsel for the department, and the hearing date will be not less than fifteen (15) days from the date of the notice. In instances where more than one (1) request for hearing is received from the same applicant, the hearing examiner may consolidate the cases. Either party may request that the hearing examiner grant a continuance. All hearings will be held at the Missouri Department of Transportation Building, 105 W. Capitol Avenue, Jefferson City, MO 65102.

(5) Discovery. Any party may conduct any method of discovery authorized in Chapter 536, RSMo.

(6) Subpoenas. Witnesses may be summoned to appear to give testimony or to give testimony and produce documents from a subpoena or subpoena duces tecum issued by the hearing examiner as authorized under section 536.077, RSMo.

(7) Hearing. There are only two (2) ultimate issues in a relocation assistance case—eligibility of the applicant for a relocation assistance payment and the amount of the payment.

The applicant presents evidence first at the hearing in support of the applicant’s claim for relocation assistance benefits. Then the department presents its evidence. The parties may make closing arguments before conclusion of the hearing. Any party may file a written brief and the hearing examiner may request any party to file a written brief, suggested findings of fact and conclusions of law, or both, within the time set by the hearing examiner.

(8) Record. Any party may obtain a copy of the transcript of the hearing at that party’s expense.

(9) Report and Order. The hearing examiner shall submit to the appeal board a copy of the record along with a proposed report and order.

(10) Final Decision of the Appeal Board. The commission delegates to and vests its final authority to determine relocation assistance claims in an appeal board which consists of the chief engineer or a designated assistant, the assistant to the state design engineer right-of-way, or a designated assistant and the chief counsel or a designated counsel that did not serve as the hearing examiner at the hearing. The board shall render a final decision by a majority vote with each board member having one (1) vote. The appeal board’s decision shall be the final decision of the commission.

(11) Conflict With Other Administrative Rules. The provisions of this rule supersede any inconsistent provisions in 7 CSR 10- 4.020.

Chapter 61; 23 CFR Part 710; and 49 CFR Part 24.* Original rule filed June 9, 1975, effective June 19, 1975. Amended: Filed Nov. 24, 1975, effective Dec. 4, 1975. Refiled March 17, 1976. Rescinded and readopted: Filed March 4, 1983, effective June 15, 1983. Amended:

Filed May 17, 1993, effective Jan. 31, 1994. Amended: Filed Nov. 14, 2017, effective June 30, 2018. *Original authority: 226.150, RSMo 1939, amended 1977 and 523.210, RSMo 1971.

Smith v. Missouri State Highway Commission, 488 SW2d 230 (Mo. App. 1972). Court of Appeals had jurisdiction to review an appeal of State Highway Commission’s denial of assistance under the Federal Highway Relocation Assistance Act of 1968. Court held commission’s rulings were quasijudicial and affected “private rights” of appellant, thus making judicial review possible by

Article 5, Section 22, Constitution of Missouri, 1945. (“Contested case.”)

Davis Construction Co. v. State Highway Commission, 141 SW2d 214 (Mo. App. 1940). By the terms of section 8106 (now

section 226.150, RSMo (1969)) it was the duty of the State Highway Commission when federal funds were made available for use on the projects (road projects), in this case within the limits of the City of Sedalia, to comply with all rules and conditions, that is to say, requirements made by the Bureau of Public Roads, to obtain (3/31/25) Denny Hoskins TRANSPORTATION COMMISSION TRANSPORTATION the payment to the state of Missouri of the allotment made by the federal government.

History

• AUTHORITY: sections 226.150 and 523.210, RSMo 2016; 42 U.S.C.

7 CSR 10-4.020 Relocation Assistance Program {#sec-7-csr-10-4.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-4.020}

PURPOSE: As a condition to receipt of federal-aid highway funds, the commission is required to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 at 42 U.S.C. 4601. It was held in Tonnar v. Missouri State Highways and Transportation Commission, 640 SW2d 527 (Mo. App. 1982) that the commission’s practices and procedures for computing relocation assistance benefits provided under federal law must be duly filed under section 536.021, RSMo in order to be effective to govern the rights of the public in this area.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that 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) This rule adopts the department’s Engineering Policy Guide, Category 236–Right of Way, Article 8, Relocation Assistance Program, which is incorporated herein by reference and made a part of this rule as published by the Missouri Highways and Transportation Commission, Design Division, 105 West Capitol Avenue, Jefferson City, MO 65102, September 16, 2024 Edition.

This rule does not incorporate any subsequent amendments or additions.

(2) For additional information, contact any of the department’s district engineers (see 7 CSR 10-1.010 for addresses).

rule filed March 4, 1983, effective June 15, 1983. Rescinded and readopted: Filed Oct. 14, 1987, effective Jan. 14, 1988. Amended:

Filed May 17, 1993, effective Jan. 31, 1994. Amended: March 14, 2007, effective Sept. 30, 2007. Amended: Filed Nov. 14, 2017, effective June 30, 2018. Amended: Filed Dec. 10, 2018, effective July 30, 2019. Emergency amendment filed Oct. 4, 2024, effective Nov. 1, 2024, expired April 29, 2025. Amended: Filed Oct. 4, 2024, effective April 30, 2025. *Original authority: 226.150, RSMo 1939, amended 1977; 227.120, RSMo 1939, amended 2004; and 523.210, RSMo 1971.

History

• AUTHORITY: sections 226.150, 227.120, and 523.210, RSMo 2016; 42 U.S.C. Chapter 61; 23 CFR Part 710; and 49 CFR Part 24. Original

Chapter 5 Junkyards

7 CSR 10-5.010 Licensing of Junkyards {#sec-7-csr-10-5.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-5.010}

PURPOSE: This rule provides a uniform system for issuing licenses to regulate the establishment, operation, and maintenance of junkyards along the interstate and primary highway system.

(1) These rules will govern the issuance of licenses by the Missouri Highways and Transportation Commission (commission) for the establishment, operation, and maintenance of junkyards along the interstate and primary highway system.

(2) Any person, firm, corporation, or political subdivision desiring to continue to maintain and operate a junkyard within one thousand feet (1000') of the nearest right-of-way line of any interstate or primary highway and which is lawfully in existence on August 4, 1966 or any person desiring to establish, operate, and maintain a junkyard, which was not in existence on August 4, 1966, within one thousand feet (1000') of the nearest right-of-way line of any interstate or primary highway will submit an application for a license, along with a fee of ten dollars ($10), to the Missouri Department of Transportation’s (department) authorized representative, the application to be in the form prescribed by the commission.

Licenses are not transferable.

(3) A license will be issued by the commission for the establishment, operation, and maintenance of a junkyard within one thousand feet (1000') of the nearest right-of-way line of any interstate or primary highway provided the junkyard is— (A) Screened by natural objects, plantings, fences, or other appropriate means so as to render it not visible from any traveled way of the highway involved;

(B) Located within an area which is zoned by authority of law for industrial use or located within an area which has been determined by the commission from actual land use to be an industrial or commercial area; and (C) Not visible from the right-of-way of any interstate or primary highway.

(4) A license will be issued by the commission for the operation and maintenance of any junkyard within one thousand feet (1000') of the nearest right-of-way line of any interstate or primary highway, if that junkyard was lawfully in existence on August 4, 1966.

(5) Any license issued for the continued operation and maintenance of a junkyard lawfully in existence on August 4, 1966 will not permit the licensee to expand the junkyard operation or to store additional junk outside the licensed area.

(6) All licenses issued pursuant to these rules will expire on the first day of January following the date of issue of the license.

(7) Licenses may be annually renewed upon payment of the required license fee of ten dollars ($10) in advance. Any license will expire upon nonpayment of the required license fee and may not be renewed.

(8) A junkyard will not be considered as adequately screened under subsection (3)(A) of this rule unless any fence used as a screen is of sufficient height and density to completely obstruct the view from the traveled portions of the highway into the area upon which the junkyard is operated or unless any plantings or natural growth consists of sufficient nondeciduous growth and is of a height and density that the contents of the junkyard are not visible from the traveled ways of the interstate or primary highway during all seasons of the year.

In the event the screening of any junkyard is permitted to deteriorate so as to render it ineffective as a proper screen, the license will be revoked and terminated. Screening, whether by fence or vegetation, must surround all that

part of the perimeter of the junkyard across which persons traveling upon the traveled ways of the interstate or primary highway would have a view of the junkyard area. It will be the responsibility of the licensee to properly repair and maintain the screening of the junkyard and in the event a screen or any portion of the screen deteriorates or is destroyed or damaged, or becomes ineffective, so as to render it inadequate as a proper screen, the license will be revoked and terminated unless proper steps are taken by the licensee to repair or replace the screen or make other adjustments within sixty (60) days after the receipt of written notice of violation from the department’s authorized representative.

State ex rel. State Highway Commission v.

Wiggins,454 SW2d 899 (Mo. banc 1970).

The statutory authority to promulgate reasonable rules and regulations given to the State Highway Commission does not include the

section 226.650) is otherwise, that is, within 200 feet from persons normally using the road.

Because of similarity of rules and statutes, see also section 226.650, RSMo (1986).

JOHNR. ASHCROFT(3/31/18)

History

• AUTHORITY: section 226.700, RSMo 2016. Original rule filed Aug. 5, 1966, effective Aug. 15, 1966. Amended: Filed Sept. 8, 2017, effective April 30, 2018. Original authority: 226.700, RSMo 1965.
• authority to declare in section 7 of their rules (now covered by 7 CSR 10-5.010(8)) that the 200 foot distance between the right-of-way and the junkyard must be measured from the nearest edge of the right-of-way when the construction by the courts of that statute (section 229.180—repealed, and now covered by

Chapter 6 Outdoor Advertising

7 CSR 10-6.040 Outdoor Advertising in Zoned and Unzoned Commercial and {#sec-7-csr-10-6.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-6.040}

7 CSR 10-6.050 Outdoor Advertising Beyond Six Hundred Sixty Feet (660') of the {#sec-7-csr-10-6.050 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-6.050}

7 CSR 10-6.090 Administrative Review of Notices to Remove Outdoor Advertising {#sec-7-csr-10-6.090 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-6.090}

7 CSR 10-6.100 Removal or Concealment of Outdoor Advertising Pending OF TRANSPORTATION {#sec-7-csr-10-6.100 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-6.100}

7 CSR 10-6.010 Public Information {#sec-7-csr-10-6.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-6.010}

PURPOSE: This rule informs interested persons how they may obtain information and materials about state outdoor advertising control.

(1) General Information. Sections 226.500– 226.600, RSMo regulate outdoor advertising in Missouri adjacent to the interstate and primary highway systems. The Missouri General Assembly has delegated

(2) How to Obtain Information and Materials.

Information and materials regarding outdoor advertising control are available at http://www.modot.org/business/outdoor_adve rtising/.

Rescinded and readopted: Filed May 16, 30, 2014. *Original authority: 226.500–226.600, see Missouri Revised Statutes 2000 and Supp. 2013.

History

• authority to the Missouri Highways and Transportation Commission to implement these statutes. The Missouri Highways and Transportation Commission has adopted administrative rules, 7 CSR 10-6, under these statutes to promote highway safety. These rules have the force and effect of law and should be read together with the statutes.
• AUTHORITY: sections 226.500–226.600, RSMo 2000 and Supp. 2013. Original rule filed April 11, 1972, effective April 30, 1972.

7 CSR 10-6.015 Definitions {#sec-7-csr-10-6.015 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-6.015}

PURPOSE: This rule provides definitions of terms in addition to those terms defined in

section 226.510, RSMo.

(1) Animated means the display image(s) or message(s) moves or appears to have motion.

(2) Automatic changeable display means a display with the capability of content changes by means of mechanical or electronic input.

(3) Back-to-back sign, double-faced sign, or V-type sign is a sign with two (2) sides each of which can be read from opposite directions of the same roadway, with not more than two (2) faces to each side, and not more than two (2) display areas to each facing. The faces must be physically contiguous, connected by the same structure or cross-bracing or located not more than fifteen feet (15') apart at their nearest point.

(4) Changed conditions mean a change in facts or local ordinance, such as but not limited to, discontinuance of a commercial or industrial activity, decrease in the limits of an urban area, reclassification of a secondary highway to interstate or federal aid primary or National Highway System (NHS) highway status, upgrading of an urban primary highway to freeway status or amendment of a comprehensive local zoning ordinance from commercial to residential or the like.

(5) Commercial or industrial activities are defined in section 226.540(5) and (6), RSMo.

(6) Commission means the Missouri Highways and Transportation Commission.

(7) Department means the Missouri Department of Transportation.

(8) Digital technology means display of a message by manipulation of light projected onto a screen or otherwise produced within the screen including displays using light emitting diode (LED) technology, plasma technology, or any industry equivalent that produces the same result as these technologies.

(9) Display means a single graphic design which advertises goods, services, or businesses.

(10) Erect means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish.

(11) Flashing means emitting a series of sudden and transient outbursts of light.

(12) Highway means any existing highway or a roadway project for which the Missouri Highways and Transportation Commission has authorized the purchase of right-of-way.

(13) Intermittent means occurring at intervals.

(14) Lawful means lawfully erected and in compliance with all other legal requirements including, but not limited to, permit requirements, payment of biennial inspection fees, and in the case of nonconforming signs, the requirements of 7 CSR 10-6.060(3).

(15) Lawfully erected means erected prior to January 1, 1968 or erected after January 1, 1968, in compliance with the sizing, lighting, spacing, location, permit, and all other requirements of sections 226.500–226.600, RSMo as provided by those sections at the erection date of the sign; or erected after January 1, 1968, and before March 30, 1972, in compliance with the sizing, lighting, spacing, and location requirements in effect at the time of erection, but for which a permit was not obtained prior to March 30, 1972.

(16) Maintain means allow to exist.

(17) Main-traveled way means the through traffic lanes of the highway.

(18) Nonconforming sign or nonconforming outdoor advertising means a sign which was lawfully erected but which does not conform to the requirements of state statutes enacted at a later date or which later fails to comply with state statutes due to changed conditions.

(19) On-premises sign is limited to outdoor advertising which advertises—the sale or lease of the property upon which it is located, the name of the establishment or activity located upon the premises upon which it is located, or the principal or accessory products or services offered by the establishment or activity upon the premises upon which it is located.

(20) Parkland means any publicly-owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge, or historic site.

(21) Premises is limited to improvements, buildings, parking lots, landscaping, storage, or processing areas as well as any other contiguous land actually used in connection with the premises or for access.

(22) Scenic area means any area of particular scenic beauty or historic significance as determined by the federal, state, or local officials having jurisdiction of the area and includes interests in lands which have been acquired for the restoration, preservation, and enhancement of scenic beauty.

(23) Sign means outdoor advertising as defined by section 226.510(3), RSMo.

(24) Spot zoning for outdoor advertising or strip zoning for outdoor advertising means an amendment, variance, or exception to the comprehensive local zoning ordinance classifying or zoning a parcel of land as commercial, industrial, or suitable for outdoor advertising, out of harmony with the zoning classification or uses of surrounding land as determined by the department’s authorized representative.

(25) Stacked sign means a sign with one (1) or more displays placed one (1) above another on a single structure.

(26) Support pole(s) means the upright support(s) to which the face is attached exclusive of bracing mechanism.

(27) Unlawful signs or unlawful outdoor advertising are those identified as unlawful in sections 226.580.1 and 226.580.2, RSMo, 7 CSR 10-6.040(5), and 7 CSR 10-6.080(2), and nonconforming signs which have failed to comply with the requirements of 7 CSR 10- 6.060(3).

(28) Unzoned area means an area where there is no comprehensive zoning regulation. It does not include areas which have rural zoning classifications, land uses established by zoning variances or special exceptions under comprehensive local zoning ordinances.

(29) Unzoned commercial or industrial areas or unzoned commercial or industrial land is defined by sections 226.540(4) and 226.540(5), RSMo and 7 CSR 10-6.040(2)(B).

(30) Visible means capable of being seen, whether or not legible, without visual aid by a person of normal visual acuity. A person of normal visual acuity is any person licensed by Missouri to operate a motor vehicle upon the highways of this state.

(31) Zoned commercial or industrial areas are areas which are zoned industrial, commercial, or the like per section 226.540(5), RSMo and which meet the requirements of 7 CSR 10-6.040(2)(C).

History

• AUTHORITY: section 226.150, RSMo 2000, and sections 226.500–226.600, RSMo 2000 and Supp. 2013. Original rule filed May 16, Amended: Filed Feb. 4, 1991, effective Aug. 30, 1991. Amended: Filed June 15, 1993, effective Jan. 31, 1994. Amended: Filed Aug. 31, 1999, effective March 30, 2000. effective May 30, 2014. and 226.500–226.600, see Missouri Revised Statutes 2000 and Supp. 2013.

7 CSR 10-6.020 Directional and Other Official Signs {#sec-7-csr-10-6.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-6.020}

PURPOSE: This rule provides standards for the selection, erection, and maintenance of directional and other official signs and notices authorized by section 226.520(1), RSMo, which are consistent with federal regulations, 23 CFR 750.151, implemented under 23 U.S.C. 131(c)(1). This rule does not apply to signs erected by the Missouri State Highways and Transportation Commission on highway right-of-way under sections 226.525 and 226.535, RSMo, or to signs, displays, or devices providing directional information about goods and services in the interest of the traveling public under section 226.520(5), RSMo, and 7 CSR 10-6.060(2)(D).

(1) Definitions (see 7 CSR 10-6.015).

(2) Categories of Directional and Other Official Signs. Directional and other official signs include the following five (5) classes of signs:

(A) Official signs and notices are signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in federal, state, or local law for the purpose of carrying out an official duty or responsibility. Historical markers authorized by state law and erected by state or local government agencies or nonprofit historical societies may be considered official signs;

(B) Public utility signs are warning signs, informational signs, notices, or markers which are customarily erected and maintained by publicly- or privately-owned public utilities, as essential to their operations;

(C) Service club and religious notices are signs and notices, where erection is authorized by law, relating to meetings of nonprofit service clubs, charitable associations, or religious services;

(D) Public service signs are signs located on school bus stop shelters that identify the donor, sponsor, or contributor of the shelters; contain public service messages occupying not less than fifty percent (50%) of the area of the sign; contain no other message; and are located on school bus shelters which are authorized or approved by city, county, or state law, regulation, or ordinance and at places approved by the city, county, or state agency controlling the highway involved; and (E) Directional signs are signs containing directional messages about public places owned or operated by federal, state, or local governments or their agencies; publicly- or privately-owned natural phenomena, historic, cultural, scientific, educational, and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed by the commission to be in the interest of the traveling public.

(3) Standards for Official Signs and Notices.

(A) General. These signs do not include official traffic signs such as street name signs, speed limit signs, or other directional or regulatory signs.

(B) Size. There are no size limitations.

(C) Lighting. Signs may be illuminated (D) Spacing. There are no spacing limita- (4) Standards for Public Utility Signs.

(A) Size. There are no size limitations.

(B) Lighting. Signs may be illuminated subject to the restrictions of subsection (7)(C) of this rule.

(C) Spacing. There are no spacing limita- (5) Standards for Service Club and Religious Notices.

(A) Size. Any number of displays or emblems may be secured to a single structure.

Each display or emblem will not exceed eight (8) square feet in area. Note: For multiple emblem signs to be considered fee exempt, the total outdoor advertising display area on each side must be less than seventy-six (76) square feet.

(B) Lighting. Signs may be illuminated (C) Spacing. There are no spacing limita- (6) Standards for Public Service Signs.

(A) Size. Each sign may not exceed thirtytwo (32) square feet in area.

(B) Lighting. Signs may be illuminated (C) Spacing. There are no spacing limitations except that not more than one (1) sign on each shelter shall face in any one (1) direction.

(7) Standards for Directional Signs. The following standards apply only to directional signs:

(A) General. The following directional signs are not allowed: signs advertising activities that are illegal under federal or state laws or regulations in effect at the location of those signs or at the location of those activities; signs which obstruct or interfere with the driver’s view of approaching, merging, or intersecting traffic; signs which move or have any animated or moving parts; signs located in rest areas, parklands, or scenic areas; and signs not lawfully existing under section 226.550.2., RSMo, or unlawful signs under

section 226.580, RSMo;

(B) Size. No sign may exceed the following limits: maximum area—one hundred and fifty (150) square feet; maximum height—twenty feet (20'); and maximum length—twenty feet (20'). All dimensions include border and trim but exclude supports;

(C) Lighting. Signs may be illuminated, subject to the following restrictions: signs which contain, include, or are illuminated by any flashing, intermittent, or moving lights are not allowed; signs which are not effectively shielded so as to prevent beams or rays of light from being directed to any portion of the traveled way of an interstate or primary highway or which are of an intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver’s operation of a motor vehicle are not allowed; and no sign may be so illuminated as to interfere with the effectiveness of or obscure an official traffic sign, device, or signal;

(D) Spacing. No directional sign may be located within two thousand feet (2,000') of an interchange or intersection at grade along the interstate system or freeway primary highway (measured along the interstate or freeway primary highway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way). No directional sign may be located within two thousand feet (2,000') of a rest area, parkland, or scenic area; no two (2) directional signs facing the same direction of travel may be spaced less than one (1) mile apart. Not more than three (3) directional signs facing the same direction of travel may be erected along a single route approaching the activity or attraction. Signs located adjacent to the interstate system will be within seventy-five (75) air miles of the activity or attraction. Signs located adjacent to the primary system will be within fifty (50) air miles of the activity or attraction;

(E) Message Content. The message on directional signs is limited to the identification of the attraction or activity and directional messages useful to the traveler in locating the attraction or activity, such as mileage, route numbers, or exit numbers. Descriptive words or phrases and pictorial or photographic representations of the activity or attraction, or its environs are not authorized and will disqualify the sign from being maintained as a directional sign; and (F) Selection Method and Criteria.

1. Criteria. Activities and attractions qualifying for directional signing are limited to—public places owned or operated by federal, state, or local governments or their agencies; publicly- or privately-owned natural phenomena, historic, cultural, scientific, educational, and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation.

2. Selection. To promote highway safety, the commission determines those public and private activities and attractions that are nationally or regionally known and of outstanding interest to the traveling public, which qualify for directional signing. After filing an application for a directional sign permit, the applicant may petition the commission to determine whether or not a specific public or private activity or attraction is eligible for directional signing. The petition may be in letter form and will include: a statement by the owner of the activity or attraction describing the activity or attraction and evidence that the activity or attraction is nationally or regionally known and is of outstanding interest to the traveling public. In the case of any publiclyowned activity or attraction, the petition will also have the written consent or approval of the federal, state, or local political subdivision having legal authority or control over the activity or attraction where the authority is not the applicant requesting that the activity or attraction be designated as eligible for directional signing. The commission may grant the applicant, upon request, a public hearing to aid the commission in reaching a decision of whether or not the activity or attraction qualifies for directional signing. This hearing would be informal and would not be subject to the procedural requirements of Chapter 536, RSMo. The commission may require review and concurrence by the United States Secretary of Transportation before reaching a decision. Petitions and requests for public hearing will be in writing and addressed to the department’s authorized representative.

(8) Permits. See 7 CSR 10-6.070 for state permit requirements.

A UTHORITY: sections 226.150, and 226.500– 226.600, RSMo 2016 and RSMo Supp. 2017.* Oct. 15, 1977. Amended: Filed Jan. 16,

7 CSR 10-6.030 On-Premises Signs {#sec-7-csr-10-6.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-6.030}

PURPOSE: This rule provides criteria for exempting from control on-premises signs authorized by section 226.520(2), RSMo consistent with federal regulations, 23 CFR 750.709, implemented under 23 U.S.C. 131(c).

(1) Definitions (see 7 CSR 10-6.015).

(2) Criteria. Pursuant to section 226.520(2), RSMo, on-premises signs are exempt from the control of outdoor advertising.

(A) Strips. Land connected to the main portion of the premises by a thin strip of land either owned or leased by the owner of the premises or sign owner is not considered part of the premises unless the strip of land is actually used in connection with or for access to the establishment or activity being advertised. If the strip size is sufficient only for outdoor advertising or is used only for outdoor advertising, the strip does not qualify as a part of the premises.

(B) Intervening Land Use. Signs on land separated from the advertised establishment, activity, or property by an intervening land use such as a highway, another unrelated commercial activity, a residence, or an agricultural activity do not qualify as on-premises signs.

(C) Products and Services Not Offered Upon Premises. A sign which advertises in a prominent manner, as determined by the department’s authorized representative, a product or service not offered upon the premises upon which the sign is located in addition to a product or service which is offered upon the premises upon which the sign is located, does not qualify as an on-premises sign. A sale or lease sign which also advertises any product or service not offered upon the premises and which is unrelated to the activity conducted on the premises or selling or leasing the land on which the sign is located does not qualify as an on-premises sign.

(D) Changing from On-Premises Advertising to Off-Premises Advertising.

1. An outdoor advertising sign may be converted from advertising on-premises goods and services to advertising off-premises goods and services so long as:

A. The sign meets all requirements for lawful, conforming outdoor advertising signs in effect at the time the advertising changes from advertising on-premises activities to advertising off-premises activities; and B. The sign owner receives an outdoor advertising permit issued by the commission prior to changing the advertising from advertising on-premises activities to advertising off-premises activities.

2. For purposes of outdoor advertising control, the date of erection of the outdoor advertising is the date the sign changes from advertising on-premises goods and services to off-premises goods and services.

(E)

Cessation of On-Premises Activity. To promote highway safety, upon the cessation or termination of a business activity within the regulated area along the primary and interstate highway system, the sign owner has thirty (30) days to remove on-premises advertising. After thirty (30) days, the sign will no longer qualify as an on-premises sign and will be subject to the same conditions and requirements as off-premises outdoor advertising signs. The cessation or termination of a business activity does not constitute a changed condition so as to render an onpremises sign a nonconforming outdoor advertising sign.

(3) Permits. There are no state permit requirements for on-premises advertising, sections 226.530 and 226.550, RSMo.

Original rule filed Feb. 1, 1973, effective March 2, 1973.

Amended: Filed Dec. 20, 1973, effective Jan. 30, 1974. Amended:

Filed Sept. 19, 1974, effective Oct. 19, 1974.

Rescinded and readopted: Filed May 16,

7 CSR 10-6.040 Outdoor Advertising in Zoned and Unzoned Commercial and Industrial Areas {#sec-7-csr-10-6.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-6.040}

PURPOSE: This rule supplements the requirements for erection and maintenance of outdoor advertising in zoned and unzoned commercial and industrial areas authorized by sections 226.520(3) and 226.520(4), RSMo.

(1) Definitions (see section 226.541, RSMo, and 7 CSR 10-6.015).

(2) Criteria for Determination of Zoned and Unzoned Commercial and Industrial Areas.

(A) Zoned Commercial and Industrial Areas. The following does not constitute a zoned commercial or industrial area:

1. An area or district which has been spot zoned or strip zoned for outdoor advertising;

2. An area or district which merely allows commercial or industrial activities as well as outdoor advertising as an incident to the primary land use which is other than a zoned commercial or industrial area. Examples are: agricultural, rural, unclassified, greenbelt, buffer zoning, or other similar classifications which may allow specified commercial or industrial land uses including outdoor advertising; and residential and multi-family zoning classifications which may allow outdoor advertising and specified home occupations such as barber shops, beauty shops, kennels, repair shops, or professional offices;

3. An area or district which requires a special use permit, special zoning classification, or variance as a condition to the use of the area for an activity generally considered industrial or commercial.

(B) Unzoned Commercial and Industrial Area. In order to qualify as an unzoned commercial or industrial area, the property on which the qualifying business is located must satisfy the primary use test found in subsection (2)(C).

(C) Primary Use Test.

1. In General. In order for an area to qualify as an unzoned commercial or industrial area, the primary use or activity conducted on the property must be of a type customarily and generally required by local comprehensive zoning authorities in Missouri to be restricted as a primary use to areas which are zoned industrial or commercial. The fact that an activity may be conducted for profit in the area is not determinative of whether or not an area is an unzoned commercial or industrial area. Activities incidental to the primary use of the property, such as a kennel or repair shop in a building or on property which is used primarily as a residence, do not constitute commercial or industrial activities for the purpose of determining the primary use of an unzoned area even though income is derived from the activity. If, however, the activity is primary and local comprehensive zoning authorities in Missouri would customarily and generally require the use to be restricted to a commercial or industrial area, then the activity constitutes a commercial or industrial activity for purposes of determining the primary use of the property even though the owner or occupant of the land may also live on the property.

2. Visible. The purported commercial or industrial activity must be visible from the main-traveled way by a motorist of normal visual acuity traveling at the maximum posted speed limit on the main-traveled way of the highway.

3. Recognizable. The purported commercial or industrial activity must be recognizable as a commercial or industrial enterprise as viewed from both directions of travel of the adjacent interstate or primary highway.

In addition, the activity must comply with each of the following:

A. Structure and grounds requirements for business or office— (I) An enclosed area of two hundred (200) square feet or more;

(II) Affixed on a slab, piers, or foundation in accordance with minimum local building code requirements;

(III) Approved access from a roadway and readily accessible by the motorist to a defined customer parking lot adjacent to the business building;

(IV) Normal utilities. Minimum utility service shall include: business telephone, electricity, restroom, water service, and waste water disposal, all in compliance with appropriate local, state, and county rules;

(V) Identified as a commercial or industrial activity which may be accomplished by on-premises signing or outside visible display of product;

(VI) Used exclusively for the purported commercial or industrial activity; and (VII) Removal of all wheels, axles, and springs on mobile home or recreational vehicles;

B. Activity requirements. In order to be considered a commercial or industrial activity for the purpose of outdoor advertising regulation, the following conditions must be met:

(I) An owner or employee on the premises for at least twenty (20) hours per week and these hours posted on the premises;

(II) The purported activity or enterprise maintains all local business licenses, occupancy permits, sales tax, and other records as may be required by applicable state, county, or local law or ordinance;

(III) A sufficient inventory of products maintained for immediate sale or delivery to the consumer. If the product is a service, it will be available for purchase on the premises; and (IV) The purported activity or enterprise will be in active operation a minimum of one hundred eighty (180) days prior to the issuance of any outdoor advertising permit. The one hundred eighty- (180-) day time frame begins when the business activity is in compliance with all business requirements as set forth in sections 226.500 to 266.600, RSMo and this rule.

(3) Permits (see 7 CSR 10-6.070 for state (4) A permit may be granted for an automatic changeable display or digital technology. To promote highway safety, automatic changeable displays and digital technology will meet the following conditions:

(A) The static display time for each message is a minimum of eight (8) seconds;

(B) The time to completely change from one (1) message to the next for an automatic changeable display is a maximum of two (2) seconds, and the time to completely change from one (1) message to the next for digital technology is instantaneous with no discernible time gaps between displays;

(C) The change of message occurs simultaneously for the entire sign face;

(D) The outdoor advertising structure meets all other requirements in sections 226.500 to 226.600, RSMo, and this rule.

Any such sign will be designed such that the sign will freeze in one (1) position if a malfunction occurs;

(E) The image does not flash or flicker in accordance with section 226.540(1)(A), RSMo;

(F) The image is projected onto a securely fixed, substantial structure and in accordance with the provisions in sections 226.500 to 226.600, RSMo;

(G) No projected image(s) or message(s) appears to move or be animated;

(H) The sign luminance will not exceed three hundred (300) candelas per square meter in full white mode between the periods of sunset to sunrise as calculated by the United States Naval Observatory; and (I) In accordance with section 226.541, RSMo, if allowed by local regulations, a conforming out of standard sign may be upgraded with digital technology provided— 1. Up to twenty percent (20%) of the sign face, not to exceed one hundred sixty (160) square feet of area may be upgraded with digital technology for displaying text or numbers; or 2. More than twenty percent (20%) of the sign face may be upgraded with digital technology only if it maintains a distance of at least one thousand four hundred feet (1,400') from any other such digital technology display sign in which more than twenty percent (20%) of the sign face contains digital technology. Permit owners will submit a written request to upgrade more than twenty percent (20%) of the sign face with digital technology and obtain approval prior to making any changes to the sign. Written upgrade requests will be time and date stamped upon their receipt and priority in contested areas will be assigned in chronological order. If granted, the approval to upgrade to digital technology will expire twelve (12) months from the date it is issued.

(5) Reconstruction or Repair of Conforming out of Standard Signs. Conforming out of standard signs will not be substantially rebuilt as provided in section 226.541, RSMo. A conforming out of standard sign that is substantially rebuilt will be considered unlawful and any permit issued by the commission for the sign voided and the fee retained by the commission.

(6) Moratorium of New Outdoor Advertising Permits.

(A) A moratorium of new outdoor advertising permits will be imposed within the outdoor advertising control area for that section of highway scheduled for construction where funding for right-of-way acquisition is approved by the commission under the Statewide Transportation Improvement Program.

(B) For purposes of the moratorium, completion of construction as used in section 226.541, RSMo, will mean when a final inspection is performed by the commission and all construction is determined to be completed to the satisfaction of the commission without any requested changes or corrections.

(C) New applications for permit to erect and/or maintain outdoor advertising will not be accepted for any phase or portion of construction or reconstruction of any street or highway imposed by a moratorium until said moratorium is lifted.

(7) Sign Reset Agreement Program. For the purposes of implementing the sign reset agreement program pursuant to section 226.541, RSMo, the following shall apply:

(A) A sign permit amendment will be issued only to qualifying signs that are displaced within the construction limits of any phase or portion of construction of any street or highway where funding for right-of-way acquisition is approved by the commission under the Statewide Transportation Improvement Program;

(B) Reset signs will be reconstructed of the same type materials and may not exceed the square footage of the original sign structure as it existed on the date of the Notice of the Intended Acquisition. 226.600, RSMo 2016 and RSMo Supp. 2017.* Original rule filed Feb. 6, 1974, effective March 8, 1974. Amended: Filed June 9, 1975, effective July 9, 1975. Rescinded and readopted: Filed May 16, 1977, effective Oct. 15, 1977. Amended: Filed Jan. 16, Filed Feb. 4, 1991, effective Aug. 30, 1991. 30, 2014. Amended: Filed Sept. 8, 2017, effective April 30, 2018. ** **Pursuant to Executive Orders 20-04 and 20-10, 7 CSR 10-6.040,

section (6) was suspended from May 7, 2020 through June 15, 2020.

State ex rel State Highway Commission v.

Heil, 597 SW2d 257 (Mo. App. 1980). The selling of gravel by a farmer from his/her gravel pit is a “commercial” pursuit in contemplation of section 226.540, RSMo (Supp. 1976).

7 CSR 10-6.050 Outdoor Advertising Beyond Six Hundred Sixty Feet (660') of the Right-of-Way {#sec-7-csr-10-6.050 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-6.050}

PURPOSE: This rule applies to outdoor advertising erected or maintained beyond six hundred sixty feet (660') of the right-of-way visible from the main-traveled way of the interstate or primary highway system and erected with the purpose of its message being read from the traveled way. This outdoor advertising is regulated under section 226.527, RSMo and 23 U.S.C. 131(c).

(1) Definitions (see 7 CSR 10-6.015).

(2) Determination of Urban Areas. The term urban area is defined by section 226.510(6), RSMo.

(3) Determination of Purpose.

(A) Criteria. The department’s authorized representative shall determine under section 226.527, RSMo, when a sign is erected with the purpose of its message being read from the main-traveled way of an interstate or primary highway after consideration of, but not limited to, the following and any other relevant criteria:

1. Angle. The positioning or angle of a sign to an adjacent highway;

2. Size. The distance of the sign from the controlled highway in relation to the size of the sign. If a sign is large enough so that its message can be read from the highway, it may be assigned to that highway;

3. Message content. Whether or not the sign’s message is applicable to a particular highway;

4. Physical obstructions. The presence of or selective removal of physical obstructions, natural or man-made, impairing a motorist’s view of the sign from the highway; and 5. Exposure time. The period of time a motorist traveling on the adjacent highway at the maximum posted speed limit would be exposed to the sign’s message. A sign which cannot be read from the adjacent highway should not be assigned to that highway.

(B) Multiple Highways. A sign may be visible or erected, or both, with the purpose of its message being read from two (2) or more interstate or primary highways. These signs must comply with the sizing, lighting, spacing, location, and permit requirements applicable to each interstate or primary highway.

To promote highway safety, where there is a conflict between sizing, lighting, spacing, or location requirements of sections 226.500– 226.600, RSMo, the most restrictive requirements prevail.

(4) Permits (see 7 CSR 10-6.070 for state Oct. 15, 1977. Amended: Filed Jan. 16, Amended: Filed Aug. 31, 1999, effective March 30, 2000. Amended: Filed April 15, 2003, effective Nov. 30, 2003. Amended:

Filed Oct. 3, 2013, effective May 30, 2014.

Amended: Filed Sept. 8, 2017, effective April 30, 2018.

7 CSR 10-6.060 Nonconforming Signs {#sec-7-csr-10-6.060 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-6.060}

PURPOSE: This rule, consistent with 23 CFR 750.707, categorizes and establishes criteria for the maintenance and removal of nonconforming signs under sections 226.500– 226.600, RSMo which were lawfully erected but which fail to conform to the sizing, lighting, spacing, or location requirements of state statutes enacted at a later date or because of changed conditions. Included in this rule are standards for the selection and exemption from removal of specific tourist area signs, which are authorized to be maintained by section 226.520(5), RSMo, 23 U.S.C. 131(o) and 23 CFR 750.501, and landmark signs, which are authorized to be maintained by section 226.545, RSMo, 23 U.S.C. 131(c)(4) and 23 CFR 750.710. This

rule does not apply to signs erected on state right-of-way by the State Highway Commission under sections 226.525 and 226.535, RSMo or to directional and official signs authorized by section 226.520(1), RSMo. This rule also does not apply to signs not lawfully in existence under section 226.550.2, RSMo and unlawful signs under

section 226.580, RSMo.

(1) Definitions (see 7 CSR 10-6.015).

(2) Categories of Nonconforming Signs.

Unless these signs are unlawful signs under

section 226.580, RSMo, the following nonconforming signs, subsections (2)(A)–(D) of this rule, may be maintained under the specified conditions to promote highway safety:

(A) Signs Located Within Commercial or Industrial Areas. Any signs within six hundred sixty feet (660') of the nearest edge of the right-of-way and visible from the mainof the interstate or primary system which were lawfully erected and which are located within zoned or unzoned commercial or industrial areas but which under state statutes enacted at a later date or because of changed conditions fail to meet the sizing, lighting, spacing, or location requirements of sections 226.500–226.600, RSMo or 7 CSR 10-6.020 are nonconforming signs. These signs may be maintained subject to the criteria for maintenance of nonconforming signs, in section (3);

(B) Signs Located Outside Commercial or Industrial Areas. Any signs within six hundred sixty feet (660') of the nearest edge of the right-of-way and visible from the mainof the interstate or primary system which were lawfully erected and which are not located in zoned or unzoned commercial or industrial areas but which under state statutes enacted at a later date or because of changed conditions fail to meet the sizing, lighting, spacing, or location requirements of sections 226.500–226.600, RSMo or 7 CSR 10-6.020 are nonconforming signs. These signs may be maintained subject to the criteria for maintenance of nonconforming signs listed in section (3), only until removed by the commission upon the payment of just compensation under section 226.570, RSMo; except, those signs qualifying as specific tourist area signs or as landmark signs may be maintained subject to the criteria for maintenance of nonconforming signs, in section (3);

(C) Signs Located Beyond Six Hundred Sixty Feet (660') of the Right-of-Way. Any signs lawfully erected, either outside of urban areas prior to August 13, 1976, or inside urban areas at any time which are located beyond six hundred sixty feet (660') of the right-of-way, visible from the main-traveled way of the interstate or primary system and erected with the purpose of its message being read from the traveled way, except that outdoor advertising as is defined in sections 226.520(1) and (2), RSMo, but which under state statutes enacted at a later date or which because of changed conditions fail to meet the location requirements of sections 226.500– 226.600, RSMo or 7 CSR 10-6.020 are nonconforming signs. These signs may be maintained subject to the criteria for maintenance of nonconforming signs, listed in section (3), only until removed by the commission upon the payment of just compensation under section 226.570, RSMo; except those signs qualifying as landmark signs may be maintained subject to the criteria for maintenance of nonconforming signs, in section (3);

(D) Landmark Signs. Any signs lawfully erected on or before October 22, 1965, including signs on farm structures or natural surfaces regardless of their advertising message at the date of erection, which are determined by the commission with the approval of the United States Secretary of Transportation to have been of historical or artistic significance on August 13, 1976, but which under state statutes enacted after these signs were erected or because of changed conditions fail to meet the sizing, spacing, lighting, or location requirements of sections 226.500– 226.600, RSMo, or 7 CSR 10-6.020 are nonconforming signs. Landmark signs may be located either within six hundred sixty feet (660') of the nearest edge of the right-of-way and visible from the main-traveled way of any highway which is a part of the interstate or primary system or beyond six hundred sixty feet (660') of the right-of-way, visible from the main-traveled way of the interstate or primary system and erected with the purpose of its message being read from the traveled way.

These landmark signs may be maintained subject to the criteria for maintenance of nonconforming signs in section (3).

(3) Criteria for Maintenance of Nonconforming Signs. Reasonable maintenance and repair of nonconforming signs is permissible, however, violation of any one (1) or more of the following subsections (3)(A)–(F) of this rule disqualifies any sign from being maintained as a nonconforming sign and subjects it to removal by the commission without the payment of just compensation:

(A) Message Content. Changes of advertising message content are permissible subject to the following:

1. Landmark signs. In order to continue to qualify as a landmark sign after August 13, 1976, the sign’s advertising message cannot be substantially changed, except that a change in mileage, address, routing, course, or direction is permissible;

2. On-premises signs. Switching advertising from on-premises activities to offpremises activities does not constitute a changed condition so as to render the sign as nonconforming. A sign that switches from advertising on-premises goods and services to off-premises goods and services must meet all requirements of the law in effect at the time the advertising is changed from onpremises to off-premises activities;

(B) Type of Materials. The type of materials used in the construction of a sign will not be changed after the date the sign becomes a nonconforming sign, except that a change of facing, panels, message, or advertising does not constitute a change of type of materials.

The routine replacement of border and trim is permitted;

(C) Size. The size or area of a sign will not be increased after the date the sign becomes a nonconforming sign. A net decrease in the face of the sign will be permitted.

1. Temporary cutouts and extensions will not be considered a substantial increase in size provided the cutout or extension meets the following criteria:

A. The cutout or extension area is thirty-three percent (33%) or less of the total display area for each side of the sign, prior to the cutout or extension addition. The commission will determine the method used in calculating the percentage of the temporary cutout or extension; and B. A cutout or extension may be added to either side of a structure for a period of time of no more than three (3) years for each side or the term of the display contract, whichever is the shortest. After a side of an outdoor advertising structure has had a cutout or extension for that time period, a cutout or extension cannot be placed on that side of the structure for a period of six (6) months;

(D) Relocation or Repair of Nonconforming Signs. Relocation of a nonconforming sign or repair of a deteriorated or damaged nonconforming sign is a new erection as of the date the relocation or repair is completed and these signs must then comply with the then effective sizing, lighting, spacing, location, and permit requirements of sections 226.500–226.600, RSMo. Relocation of a nonconforming sign or repair of a deteriorated or damaged nonconforming sign voids any permit issued by the commission for the sign and the fee will be retained by the commission.

1. Repair of any deteriorated or damaged nonconforming sign after the date the sign becomes a nonconforming sign is not authorized. A deteriorated or damaged nonconforming sign is a sign upon which more than fifty percent (50%) of the support pole(s) have been damaged or replaced within a twelve- (12-) month period. A deteriorated or damaged nonconforming sign is unlawful and any permit issued by the commission for the sign will be voided and the fee will be retained by the commission. A nonconforming sign which has only a deteriorated or damaged face is not a deteriorated or damaged nonconforming sign but remains subject to section 226.580.1(4), RSMo. A nonconforming sign damaged by vandalism may be repaired without being in violation of this

section. The sign owner has the burden to prove that the nonconforming sign was damaged by vandalism. Proof of vandalism can be timely reports or complaints to sheriff’s or proper police departments. Vandalism for purposes of this rule is the willful destruction of a nonconforming sign by a party other than the sign owner, property owner, or lessor of the sign or business which is advertised on the sign. Any damage to the nonconforming sign due to carelessness or negligence of any party does not constitute vandalism.

A. For monopole signs no more than fifty percent (50%) of the single support pole may be repaired or replaced within a twelve- (12-) month period.

B. The fifty percent (50%) rule applies to the height of the support pole(s) above ground.

2. Any movement of a sign structure is considered a relocation;

(E) Other Improvements. The following shall be prohibited for nonconforming signs:

1. Illumination of the sign structure by a light(s) either attached or detached, for the

purpose of illuminating the display;

2. Raising or lowering of the height of any sign structure;

3. Changing the mode of advertising or message transition to a trivision, digital, projection, or other changeable message sign;

4. Filling in the open space between stacked signs and/or side-by-side signs with advertisement resulting in only one (1) display area, except if the result would cause the sign to become a lawful conforming sign under section 226.540, RSMo; and 5. Adding to the stabilization of the sign by attaching guys, struts, or other strengthening devices;

(F) Abandonment and Discontinuance. A nonconforming sign shall not be abandoned or discontinued after the date the sign becomes nonconforming. Abandonment or discontinuance occurs whenever— 1. The sign, for a continuous period of twelve (12) months or more, advertises services or products no longer available to the traveling public because the services or products have been discontinued or cannot be obtained at the destination or by the directions indicated on the sign; or 2. The sign, for a continuous period of twelve (12) months or longer, is maintained without an advertising message. The following are examples of signs maintained without an advertising message: A sign with a message which is partially obliterated so as not to identify a particular service or product, a sign which is blank or painted out, a sign structure with no face or a sign with a message consisting solely of the name of the sign owner;

(G) Notice to Terminate Nonconforming Signs. When a sign is maintained in violation of any one (1) or more of subsections (3)(A)– (F), the department’s authorized representative will issue a notice to terminate nonconforming sign to the sign owner and the owner or occupant of the real property on which the sign is located identifying the violation of the criteria for maintenance of the nonconforming sign and the available remedial action to correct the violation which may include removal of the sign. The notice to terminate the nonconforming sign will also establish the length of time with a maximum time of sixty (60) days for remedial action or removal of the sign (if a remedial action other than removal of the sign is not available). The notice to terminate the nonconforming sign may designate a time of less than sixty (60) days for remedial action. Any time which is stated in a notice to terminate the nonconforming sign for taking remedial action cannot change the time period to request an administrative hearing. Any person given a notice to terminate the nonconforming sign is entitled to an administrative hearing pursuant to the provisions of sections 536.067– 536.090, RSMo by filing a written request for hearing with the Secretary of the Missouri Highways and Transportation Commission, PO Box 270, Jefferson City, MO 65102. The request for hearing must be received by the commission secretary within thirty (30) days after receipt of the notice to terminate the nonconforming sign by the applicant. The request for hearing must be sufficient to identify the applicant requesting the hearing and each outdoor advertising structure for which a hearing is requested. The act of mailing the request for hearing does not constitute receipt by the commission secretary. No answer or other response by the commission is necessary. An applicant will not be entitled to a hearing if the applicant fails to request a hearing within thirty (30) days after receipt of the notice to terminate the nonconforming sign.

Upon receipt of a request for hearing, the commission secretary forwards the request to the hearing examiner for the commission and notifies the department’s authorized representative. Hearings for notices to terminate the nonconforming sign are conducted pursuant to 7 CSR 10-6.090. The permit for any nonconforming sign as defined in 7 CSR 10- 6.060 will be surrendered upon removal of the sign.

(4) Permits (see 7 CSR 10-6.070 for state Oct. 15, 1977. Amended: Filed Jan. 16, Amended: Filed Aug. 31, 1999, effective March 30, 2000. Amended: Filed April 15, 2003, effective Nov. 30, 2003. Emergency amendment filed Nov. 15, 2007, effective Dec. 3, 2007, expired May 30, 2008.

Amended: Filed Nov. 15, 2007, effective May 30, 2008. Amended: Filed Oct. 3, 2013, 8, 2017, effective April 30, 2018

7 CSR 10-6.070 Permits for Outdoor Advertising cedure for sign owners to obtain and maintain permits issued by the Missouri Highways and Transportation Commission for outdoor advertising specified by section 226.530, RSMo. {#sec-7-csr-10-6.070 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-6.070}

(1) Definitions (see section 226.541, RSMo, and 7 CSR 10-6.015).

(2) Outdoor Advertising Subject to Permit Requirements.

(A) Permit. To promote highway safety, a sign owner or the owner of the land on which the sign is located, regardless of when the sign was erected, must obtain a permit from the commission for the following outdoor advertising erected or maintained within six hundred sixty feet (660') of the nearest edge of the right-of-way and visible from the mainof the interstate or primary system:

1. Directional and other official signs.

(see sections 226.550.1 and .2 and 226.520(1), RSMo, and 7 CSR 10-6.020).

Only one (1) permit will be issued for sign structures with multiple displays;

2. Signs located in areas zoned commercial and industrial except on-premises signs (see sections 226.550.1 and .2, RSMo, and 7 CSR 10-6.040(2)(A));

3. Signs located in unzoned commercial or industrial areas except on-premises signs (see sections 226.520(4), 226.540(4) and 226.550.1 and .2, RSMo, and 7 CSR 10- 6.040(2)(B)). Only one (1) permit will be issued for multiple sign structures as back-toback signs, double-faced signs, and V-type signs;

4. Conforming out of standard signs wherever located except on-premises signs (see sections 226.541, RSMo, and 7 CSR 10- 6.040); and 5. Nonconforming signs wherever located except on-premises signs (see sections 226.550.1 and .2, RSMo, and 7 CSR 10- 6.060).

(B) Multiple Highways. A sign may be visible or erected, or both, with the purpose of its message being read from two (2) or more interstate or primary highways. These signs must comply with the sizing, lighting, spacing, location, and permit requirements applicable to each interstate or primary highway.

Where there is a conflict between the sizing, lighting, spacing, or location requirements of sections 226.500–226.600, RSMo, the most restrictive requirements prevail.

(3) Outdoor Advertising Not Eligible for Permits. Unlawful signs are not eligible for permits from the commission.

(4) Permit Applications and Fees.

(A) Filing of Permit Applications and Permit Fees. Sign owners or owners of the land on which outdoor advertising is located must apply for permits from the commission for outdoor advertising specified by section 226.550, RSMo, (see 7 CSR 10-6.070(2)).

Permit applications will be— 1. Timely submitted. For new outdoor advertising to be erected, the application for permit and the permit application fee of two hundred dollars ($200) will be submitted before erecting or starting construction of any sign. For all nonconforming outdoor advertising needing a permit from the commission and for any other existing outdoor advertising lawfully erected, but for failure to obtain a permit prior to its erection from the commission, the application for permit must be submitted to and received by the department’s authorized representative within thirty (30) days of receipt by the applicant of a notice to remove outdoor advertising under section 226.580, RSMo, from the commission specifying the failure to obtain or maintain a permit for a sign for which a permit and biennial inspection is necessary by section 226.550, RSMo. Failure of the applicant to timely submit an application for permit will authorize the department’s authorized representative to reject and return the application for permit;

2. Biennial inspection fees. Biennial inspection fees are due in accordance with

section 226.550.4, RSMo. Religious organizations, service organizations, veteran organizations, and fraternal organizations, as defined in section 313.005, RSMo, upon submission of a copy of their certification of Internal Revenue Service tax exempt status, may be granted a fee exempt permit provided the display area of the sign is less than seventy-six (76) square feet;

3. Payment Failure. Failure to submit the correct amount of fee by check, draft, or money order payable to “Director of Revenue—Credit State Road Fund” may cause the department’s authorized representative to reject and return the application for permit;

4. Documentation and assistance upon request. Any applicant will give to the department’s authorized representative, upon written request, written information or documentation, as specified in the request, sufficient for the department’s authorized representative to determine whether or not a permit should be issued under section 226.550, RSMo. Also, any applicant may be asked to assist the department’s authorized representative in locating the sign location described in an application for permit. Refusal by or failure of an applicant to comply with a request for information, documentation, or assistance will be grounds for the department’s authorized representative to reject and return the application for permit;

5. Misrepresentation of fact. Any misrepresentation of material fact by an applicant on any application for permit will be grounds for the department’s authorized representative to reject and return the application for permit;

6. Fees. No permit will be granted to any applicant who is delinquent in the payment of any outdoor advertising fees to the commission, including any removal costs or biennial inspection fees associated with any sign.

(5) Informal Hearing on Denial of Permit.

(A) Request for Informal Hearing. If denied a permit, the applicant will have twenty (20) working days to request an informal hearing for the purpose of appealing the denial. The applicant will submit its request for an informal hearing to the Outdoor Advertising Manager, Missouri Department of Transportation, PO Box 270, Jefferson City, MO 65102.

(B) Procedure. If the applicant requests an informal hearing, the department’s authorized representative will advise the applicant of the time, date, and place. This is not a contested case under Chapter 536, RSMo. The rules of evidence will not apply at the hearing.

(6) Permits.

(A) Issuance of the Permit. Upon proper application and payment of fee for any sign eligible for a permit, the department’s authorized representative will issue a permit. The permit owner must erect the sign, if not already in existence, within two (2) years of the date the permit was issued by the commission and the erected outdoor advertising structure must comply with all current sections of 226.500 through 226.600, RSMo, and 7 CSR 10-6.010 through 7 CSR 10- 6.100. This permit is for the erection of a lawful conforming outdoor advertising structure.

(B) Transfer of Permit. When a sign owner transfers ownership of a sign for which a permit is required by section 226.550, RSMo, the new sign owner will notify the commission by filing an application for transfer, along with a ten dollar ($10) fee on a form supplied by the department’s authorized representative. Applications must be completed in full. Incomplete or incorrectly completed application forms may be rejected or returned to the applicant.

(C) Voiding of Permits Without Compensation. Permits may be voided without compensation to be paid to the permit holder under the following conditions:

1. When there has been any misrepresentation of a material fact by the applicant on a permit application and the sign is removed under section 226.580, RSMo;

2. When the sign, including message, is not in existence within two (2) years of the date the permit was issued by the commission;

3. When the commission determines that a change has been made to a conforming sign by the sign owner and the sign has been removed under section 226.580, RSMo, or that a conforming out of standard sign has been substantially rebuilt under section 226.541, RSMo; or 4. When the commission determines that a substantial change has been made to a nonconforming sign by the sign owner such that the sign’s nonconforming status was terminated and the sign was removed under the commission’s administrative rules for maintenance of nonconforming signs.

(D) Voiding of Permits With Compensation.

The commission is also authorized to void any permit when the commission determines that such permit has been erroneously issued by department staff in violation of any state law or administrative rule and the outdoor advertising is subject to removal and compensation is subject to be paid pursuant to section 226.570, RSMo.

(7) Biennial Inspection Fee. A biennial inspection fee will be collected every two (2) years as set forth in section 226.550, RSMo and received by the due date on the statement issued from the Missouri Department of Transportation. The fee will be considered delinquent if not paid within sixty (60) days after the due date on the statement. Fees received from any sign owner that owes delinquent fees to the department will be credited to the past due accounts before applying the remainder, if any, toward issuance of a new permit for: outdoor advertising or transfer of ownership of an outdoor advertising permit.

(8) Relocation. Relocation of any sign for any reason whatsoever is a new erection as of the date the relocation is completed and these signs must then comply with the then effective sizing, lighting, spacing, location, and permit requirements of sections 226.500– 226.600, RSMo. Relocation of any sign voids any permit issued by the commission for that sign and the fee will be retained by the commission. The department’s authorized representative will issue a notice to remove outdoor advertising under section 226.580, RSMo. A new application for permit must be filed with the department’s authorized representative, and the sign can only be relocated in compliance with the sizing, lighting, spacing, and location requirements of sections 226.500–226.600, RSMo.

History

• AUTHORITY: sections 226.150 and 226.530, RSMo 2016. Original rule filed May 16, Amended: Filed Feb. 8, 2007, effective Aug. 30, 2007. Amended: Filed Oct. 3, 2013, and 226.530, RSMo 1965, amended 1972, 1995.

7 CSR 10-6.080 Removal of Outdoor Advertising Without Compensation {#sec-7-csr-10-6.080 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-6.080}

PURPOSE: This rule provides criteria for the removal of unlawful signs and signs not lawfully existing without compensation by the State Highway Commission under sections 226.550 and 226.580, RSMo.

(1) Definitions (see 7 CSR 10-6.015).

(2) Removal of Unlawful Signs. The department’s authorized representative shall serve a notice to remove outdoor advertising under

section 226.580, RSMo, and for conforming out of standard signs that have been substantially rebuilt pursuant to section 226.541, RSMo and 7 CSR 10-6.040(5).

(3) Removal of Nonconforming Signs. The department’s authorized representative shall issue a notice to terminate a nonconforming sign pursuant to 7 CSR 10-6.060(3)(G).

(4) Authority to Withdraw Notices. The department’s authorized representative is authorized to withdraw any notice to remove outdoor advertising issued by the department under section 226.580, RSMo, or any notice to terminate a nonconforming sign issued by the department under 7 CSR 10-6.060(3)(G) for any one (1) of the following reasons: where the notice to remove was improperly issued by the department because of a mistake of law or fact, where the sign has been removed or the basis of unlawfulness has been corrected or has ceased to exist, or where it is finally adjudicated that the notice to remove was not authorized by sections 226.500–226.600, RSMo. If a timely request for administrative review of notice to remove outdoor advertising or a notice to terminate nonconforming sign has been made, the department’s authorized representative will advise the hearing examiner of any withdrawal of a notice to remove outdoor advertising or a notice to terminate nonconforming sign.

(5) Structures Which Have Never Displayed an Advertising Message. Structures, including poles, which have never displayed advertising or informative content are subject to control and removal when advertising content visible from the main-traveled way is added or affixed.

(6) Remedial Action. Any notice to remove outdoor advertising which is issued by the department’s authorized representative will specify any available remedial action to correct the violation and establish the length of time which is available to take the remedial action. Any length of time specified for taking remedial action cannot lengthen the time available for requesting an administrative hearing. The remedial action which is specified in the notice to remove outdoor advertising may include the removal of the violating sign.

(7) Status of Permit. The issuance of a notice to remove outdoor advertising or a notice to terminate nonconforming outdoor advertising is notice that any permit for that outdoor advertising structure will be surrendered upon removal of the structure. No other notice is necessary under these conditions.

Oct. 15, 1977. Amended: Filed Jan. 16, and 226.500–226.600, see Missouri Revised Statutes, 2016 and Supp. 2017.

7 CSR 10-6.085 Cutting and Trimming of Vegetation on Right-of-Way {#sec-7-csr-10-6.085 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-6.085}

PURPOSE: This rule provides for the cutting and trimming of vegetation under controlled conditions on highway right-of-way when this vegetation obscures a lawful sign under sections 226.130 and 226.585, RSMo.

(1) Permits. To promote highway safety, a permit issued by the department’s authorized representative is required to cut or trim any vegetation in front of any lawful sign. A vegetation permit may be denied or limited if the plan is deemed to be detrimental to the stability of the state right-of-way as determined by the department’s authorized representative.

(A) Performance Bond. A performance bond in an amount up to one thousand dollars ($1,000) is required to ensure restoration of highway right-of-way.

(B) Duration. All permits expire after three hundred sixty-five (365) days.

(2) Access. To promote highway safety, access to the cutting or trimming area shall be from private property or outer roadways and cannot be made from the through traffic roadway of any highway maintained by the department without written permission from the department. Parking of equipment or placement of materials on the traffic lanes or shoulders is strictly prohibited.

(3) Conditions. To promote highway safety, the following conditions apply to trimming and cutting of vegetation on highway right-ofway:

(A) Removal. All vegetation trimmed or cut will be removed from the right-of-way and no burning on the right-of-way is permitted. Trees are to be cut to ground level;

(B) Damage to Right-of-Way. The applicant is responsible for any damage to the right-of-way. Any destruction of turf requires the applicant to restore the right-of-way to a like or better condition, which may require seeding, mulching, or sodding of the right-ofway which has been disturbed;

(C) Herbicides. Only herbicides approved may be used to trim or remove vegetation.

The applicant will comply with the Missouri Pesticide Use Act, sections 281.005 through 281.115, RSMo.

(D) Destruction of Vegetation. A vegetation permit will be revoked if an applicant destroys desired vegetation due to excessive cutting, trimming, or inappropriate use of herbicides on vegetation. If revoked, the department will retain and collect against any bonds filed.

(4) Informal Hearing on Denial of Permit to Cut or Trim.

(A) Request for Informal Hearing. If denied a permit to cut or trim vegetation, the applicant will have twenty (20) working days to request an informal hearing for the purpose of appealing the denial by submitting its request for an informal hearing to the Outdoor Advertising Manager, Missouri Department of Transportation, PO Box 270, Jefferson City, MO 65102.

(B) Procedure. If the applicant requests an informal hearing, the department’s authorized representative will advise the applicant of the time, date, and place. This is not a contested case under Chapter 536, RSMo. The rules of evidence will not apply at the hearing.

Original rule filed June 15, 1993, effective Jan. 31, 1994. Amended: Filed Aug. 31, 1999, effective March 30, 2000. Amended:

Filed April 15, 2003, effective Nov. 30, 2003. 30, 2014. Amended: Filed Sept. 8, 2017, effective April 30, 2018. *Original authority: 226.150, RSMo 1939, amended 1977; and 226.500–226.600, see Missouri Revised Statutes 2016 and Supp. 2017.

7 CSR 10-6.090 Administrative Review of Notices to Remove Outdoor Advertising and to Terminate Nonconforming Signs cedure for administrative review of notices to remove outdoor advertising issued by the State Highway Commission under section 226.580, RSMo. {#sec-7-csr-10-6.090 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-6.090}

(1) Request for Administrative Review. Any person given a notice to remove outdoor advertising under section 226.580, RSMo, by the department’s authorized representative will be entitled to an administrative hearing under Chapter 536, RSMo, by filing a written request for hearing with the Secretary of the Missouri Highways and Transportation Commission, PO Box 270, Jefferson City, MO 65102. This request for hearing must be received by the commission secretary within sixty (60) days after receipt of the notice to remove outdoor advertising by the applicant and must be sufficient to identify the person(s) requesting the hearing and the outdoor advertising structure for which the hearing is requested. No answer or other response by the commission is necessary. Upon receipt of the request for hearing, the commission secretary will forward the request to the hearing examiner for the commission.

(2) Authority to Dismiss Request for Administrative Review. The hearing examiner is authorized to dismiss any request for administrative review and terminate any further proceedings for the following reason:

(A) When the notice to remove outdoor advertising or notice to terminate a nonconforming sign has been withdrawn under 7 CSR 10-6.080(4);

(B) When the applicant has withdrawn the request for administrative review. The applicant will submit the withdrawal request in writing to the hearing examiner; or (C) When the applicant fails to appear at the time and place for a hearing as scheduled under section (4) of this rule.

(3) Bias. If the hearing examiner determines at any stage of the proceeding that s/he has prior knowledge of specific facts of a case that s/he deems would prevent her/him from rendering an objective report and order to the commission, s/he will immediately cease to act and the commission will provide an alternate hearing examiner.

(4) Notice of Hearing. The hearing examiner will give written notice of hearing to the applicant and department’s authorized representative fixing a time and place for a hearing, at which time the applicant and department’s authorized representative may appear and present evidence. The hearing examiner will issue this notice not less than fifteen (15) days prior to the date fixed for hearing. In instances where more than one (1) request for hearing is received from the same person, the hearing examiner may consolidate those hearings in the interest of economy.

(5) Legal Representation. After the request for administrative review is filed with the commission secretary, no person may sign any pleading or brief or appear at any administrative hearing as a legal representative of a corporation, partnership, or another individual unless this person is a licensed attorney in good standing in Missouri.

(6) Discovery. Any party may take and use depositions under section 536.073, RSMo.

The hearing examiner will rule on all matters concerning discovery.

(7) Subpoenas. Witnesses may be summoned to appear to give testimony or to give testimony and produce documents at the hearing by a subpoena issued by the hearing examiner, the secretary to the commission, or by a notary public at the request of any party.

(8) Continuances. Any hearing that is scheduled by the hearing examiner may be continued at the discretion of the hearing examiner pursuant to Supreme Court Rule 65.

(9) Evidence, Argument, and Briefs. The sole issue in a hearing is whether or not a particular sign is an unlawful sign under section 226.580, RSMo or is being maintained in violation of the rules for maintenance of nonconforming signs under 7 CSR 10-6.060.

The department will present its evidence first at the hearing in support of its notice to remove outdoor advertising or notice to terminate nonconforming sign. After the department presents its evidence, the applicant may present evidence. Any party has the right of cross-examination. Oral or written evidence must be received in the record to be considered by the commission in reaching its final decision. Any party is entitled to present oral argument at the hearing. If oral argument is presented, it will be preserved and transcribed in the record for the use of the commission in reaching a final decision. Any party may file a written brief or the hearing examiner may require written briefs to be filed within the time set by the hearing examiner for the use of the commission in reaching a final decision. The hearing examiner may

rule on all objections and motions to facilitate submission of the case to the commission for its final decision.

(10) Transcript. At the conclusion of the hearing, the hearing examiner will cause the entire record to be transcribed in sufficient quantities that the original may remain a permanent part of the record. Any party may obtain a copy of the record at the party’s expense.

(11) Report and Order. As soon as practical after receipt of the transcript and briefs of the parties, if any, the hearing examiner submits to each member of the commission a suggested report and order for consideration by the commission.

(12) Final Decision. The members of the commission will render a final decision. If briefs or oral arguments are submitted, the members of the commission, in lieu of reading the entire record, may consider those portions of the record cited or referred to in the arguments or briefs to arrive at a final decision. The commission will render its final decision in writing supported by competent and substantial evidence upon the whole record subject to judicial review under section 536.100, RSMo.

Oct. 15, 1977. Amended: Filed Jan. 16,

7 CSR 10-6.100 Removal or Concealment of Outdoor Advertising Pending Judicial Review cedure for removal or concealment of outdoor advertising pending judicial review of notices to remove outdoor advertising issued by the commission under section 226.580, RSMo. {#sec-7-csr-10-6.100 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-6.100}

(1) Removal or Concealment of Advertising Message by Owner. If the commission enters its final decision and order to remove the outdoor advertising structure and a petition for judicial review is filed pursuant to sections 226.580 and 536.100, RSMo, the advertising message contained on the structure will be removed or concealed within thirty (30) days of the date of filing by the owner of the structure at the owner’s expense until the action for judicial review is finally adjudicated. The owner is responsible for ensuring the safety of the general public as a result of any such act of removal or concealment. The owner will remove or conceal all sign panels which contain any portion of the advertising message.

(2) Removal or Concealment of Advertising Message by Commission. If the owner of the structure refuses or fails to remove or conceal the advertising message within thirty (30) days of filing a petition for judicial review, the commission may remove or conceal all sign panels which contain any portion of the advertising message and the owner of the structure is liable for the costs of this process. If the owner refuses to accept the panels after the removal, the commission will store them for a period not to exceed sixty (60) days and recover all costs of transporting and storing the panels from the owner. If after sixty (60) days the owner has not paid all costs associated with the commission’s transporting and storing the panels and taken custody of the panels, the commission may dispose of them as it sees fit with no compensation to the owner.

(3) Commission Liability. The commission shall incur no liability for causing the removal or concealment of the advertising message while an action for review is pending, except if the owner finally prevails in its action for judicial review, commission will compensate the owner at the rate the owner is actually receiving income from the advertiser pursuant to written lease from the time the message is removed or concealed until the judicial review is final. In the case of a sign carrying its owner’s advertising message, or a lease the commission determines was not entered into pursuant to an arm’s length transaction, compensation will be at fair rental value determined by comparing signs of similar size, location, and condition for the period at issue.

Filed April 15, 2003, effective Nov. 30, 2003.

Amended: Filed Sept. 8, 2017, effective April 30, 2018. *Original authority: 226.150, RSMo 1939, amended 1977; and 226.500–226.600, see Missouri Revised Statutes 2016 and Supp. 2017.

History

• AUTHORITY: sections 226.150, and 226.500–226.600, RSMo 2016 and RSMo Supp. 2017. Original rule filed June 15, 1993, effective Jan. 31, 1994. Amended:

Chapter 7 Transportation

7 CSR 10-7.010 Distribution of Funds Appropriated to the Missouri Elderly {#sec-7-csr-10-7.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-7.010}

7 CSR 10-7.030 Distribution of Funds Appropriated to the Missouri State Transit TRANSPORTATION TRANSPORTATION COMMISSION TRANSPORTATION Transportation Commission {#sec-7-csr-10-7.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-7.030}

7 CSR 10-7.010 Distribution of Funds Appropriated to the Missouri Elderly and Handicapped Transportation Assistance Program {#sec-7-csr-10-7.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-7.010}

PURPOSE: This rule establishes procedures for the distribution of funds appropriated to the Missouri Elderly and Handicapped Assistance Program under section 208.260, RSMo.

(1) Criteria. The following criteria is to be used to distribute state financial assistance to eligible transportation providers under section 208.260, RSMo:

(A) Eligibility. Applicants must— 1. Meet one (1) of the following criteria:

A. Be incorporated as a not-for-profit corporation in Missouri under the provisions of Chapter 355, RSMo; or B. Engage the services of a not-for-profit corporation, County Sheltered Workshop or Developmental Disability Services under the provisions of sections 205.968–205.972, RSMo, or Senior Citizens Service Fund Tax under the provisions of sections 67.990–67.995, RSMo;

2. Show availability of federal, local, or private funds for the project under application;

3. Show that their total operating costs exceed their total operating revenues, including all dues, membership fees, and all other sources of operating revenue; and 4. Show that its costs are limited to operating costs specifically for transporting elderly and handicapped/disabled persons;

(B) Distribution of state assistance will be made on the basis of relative point scores determined by the following criteria: need for service (maximum twenty-five (25) points), trip

purpose (maximum twenty-five (25) points), cost effectiveness based on yearly statistical average cost per revenue mile and one-way passenger trips of all applicants (maximum twentyfive (25) points), and cost and availability of alternative service (maximum twenty-five (25) points); and (C) Federal, local, and private funds will be matched with program funds on a dollar-for-dollar basis to defray transportation operating losses for approved applicants.

(2) Applications, Awards, and Disbursements.

(A) Fifty percent (50%) of the funds appropriated under section 208.260, RSMo, shall be distributed to Area Agencies on Aging as that term is defined in section 192.2005, RSMo, using the formula described in subsection (1)(B).

(B) Applications will be accepted each year.

(C) Applications will be processed each year.

(D) Announcements of financial assistance to applicants will be made each year.

(E) Awards will be made for a period of twelve (12) months.

Disbursements will be made on a reimbursable basis subject to the above conditions.

(3) Information. Information regarding the Missouri Elderly and Handicapped Transportation Assistance Program may be obtained from the transit section in the Multimodal Operations Division, PO Box 270, Jefferson City, MO 65102.

History

• AUTHORITY: section 208.265, RSMo 2016. This rule was previously filed as 14 CSR 10-2.010. Original rule filed Dec. 1, 1976, effective March 11, 1977. Amended: Filed March 4, 1983, effective June 15, 1983. Emergency amendment filed Aug. 13, 1993, effective Aug. 23, 1993, expired Dec. 20, 1993. Amended: Filed Aug. 13, 1993, effective March 10, 1994. Amended: Filed Oct. 6, 2017, effective May 30, 2018. Amended: Filed Dec. 9, 2022, effective July 30, 2023. Original authority: 208.265, RSMo 1976.

7 CSR 10-7.020 Definitions for Missouri State Transit Assistance Program {#sec-7-csr-10-7.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-7.020}

PURPOSE: This rule defines terms applicable to the Missouri State Transit Assistance Program and used in 7 CSR 10-7.020 through 7 CSR 10-7.030.

(1) Definitions. When used in administrative rules 7 CSR 10- 7.020 through 7 CSR 10-7.030, the following words and phrases have the meaning set forth in this rule:

(A) Agency—a Missouri non-profit corporation eligible to receive directly or indirectly Federal Transit Administration urban or nonurban formula funding, or a governmental entity within the state of Missouri eligible to receive directly or indirectly Federal Transit Administration urbanized or nonurbanized formula transit programs;

(B) Available alternative public transportation—description of public transit services provided in terms of days of the week and hours of the day within an applicant’s public mass transportation service area;

(C) Capital costs—expenses incurred from the purchase of facilities, vehicles, or equipment directly supporting the provision of public mass transportation service within Missouri;

(D) Commission—the Missouri Highways and Transportation Commission;

(E) Department—the Missouri Department of Transportation;

(F) Cost efficiency—measures of economical public mass transit services as calculated by dividing the annual operating costs by the annual transit vehicle miles traveled or by dividing the annual operating costs by the annual number of boarding passengers;

(G) Intrastate Transportation Authority—county first class transit authority as defined in section 238.400, RSMo;

(H) Public mass transportation service provider—a city, a city transit authority, a city utilities board, or an interstate transportation authority as such terms are defined in section 94.600, RSMo, an intrastate transportation authority, or an agency receiving funds from either the Federal Transit Administration urbanized or nonurbanized formula transit programs;

(I) Operating costs—expenses incurred in the delivery, maintenance, and administration of public mass transportation service within Missouri;

(J) Past and projected public mass transportation ridership— annual transit vehicle boardings in Missouri by passengers of public mass transit services, also known as unlinked passenger trips;

(K) Public mass transportation service area population— census population within the geographic area in which the applicant provides public mass transportation service; and (L) U.S. census urbanized area—a contiguous geographic area with a population of fifty thousand (50,000) persons or more that is designated as such by the Bureau of the Census of the United States Department of Commerce.

(6/30/23) John R. Ashcroft TRANSPORTATION COMMISSION TRANSPORTATION

History

• AUTHORITY: section 226.195, RSMo Supp. 2012. Original rule filed Jan. 18, 2013, effective Aug. 30, 2013. Original authority: 226.195, RSMo 2011.

7 CSR 10-7.030 Distribution of Funds Appropriated to the Missouri State Transit Assistance Program {#sec-7-csr-10-7.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-7.030}

PURPOSE: This rule establishes procedures for the distribution of funds appropriated to the Missouri State Transit Assistance Program under section 226.195, RSMo.

( 1) Criteria. The following criteria will be used to distribute state financial assistance to eligible public mass transportation service providers under section 226.195, RSMo:

(A) Eligibility.

1. Applicant shall be a mass transportation service provider and shall be one (1) of the following:

A. A city;

B. A city transit authority;

C. A city utilities board;

D. An interstate transportation authority as such term is defined in section 94.600, RSMo;

E. An intrastate transportation authority; or F. An agency receiving funding, either directly or as a sub-recipient, from either the Federal Transit Administration urbanized or nonurbanized formula transit programs.

2. Applicant shall show that it will incur operating or capital costs to provide public mass transportation service in Missouri; and (B) Distribution of state financial assistance shall be made on the basis of population, ridership, cost and efficiency of the public mass transportation service provider’s program, availability of alternative public transportation in the service area, and local effort or tax support. The commission will determine the allocation of state transit assistance funding to urbanized areas and the allocation to other than urbanized areas.

3. For applicants providing public mass transportation services in U.S. Census urbanized areas with a population of fifty thousand (50,000) persons or greater, the distribution of state financial assistance will be made on the basis of relative point scores determined by the following factors: three- (3-) year average of Missouri ridership (maximum twenty-four and one-half (24.5) points); public mass transportation service area population in Missouri (maximum twenty-four and one-half (24.5) points); annual operating cost of the Missouri portion of the program (maximum twenty-four and one-half (24.5) points); efficiency of the program (maximum one (1) point); availability of alternative public transportation in the public mass transportation service area (maximum one (1) point); and local effort or tax support (maximum twenty-four and one-half (24.5) points).

4. For applicants providing public mass transportation in areas other than U.S. Census urbanized areas, the distribution of state financial assistance will be made on the following

basis of relative point scores determined by the following factors: public mass transportation service area population in Missouri (maximum forty-nine (49) points); three- (3-) year average of Missouri ridership (maximum ten (10) points); annual operating cost of the Missouri portion of the program (maximum twenty-nine (29) points); efficiency of the program (maximum one (1) point); availability of alternative public transportation in the public mass transportation service area (maximum one (1) point); and local effort or tax support (maximum ten (10) points).

(2) Applications, Awards, and Disbursements.

(A) Applications will be accepted each year.

(B) Applications will be processed each year. The commission will review the applications. The commission will use the information in the application as well as the other documentation required by this rule to determine if the application is approved. The commission reserves the right to request additional information. The commission may deny funding as a result of applicant’s failure to fully and accurately complete the application.

(C) Announcements of financial assistance to applicants will be made each year.

(D) Awards will be made for a period of twelve (12) months.

Disbursements will be made on a reimbursable basis. The commission will review and approve the expenditures on the invoices.

(E) All commission determinations under this rule including but not limited to approval or disapproval of applications, the amount of distributed state assistance, and all other determinations are final and not subject to appeal.

(3) Information. Information regarding the Missouri State Transit Assistance Program may be obtained from the transit section in the Multimodal Operations Division, 105 West Capitol Avenue, PO Box 270, Jefferson City, MO 65102.

History

• AUTHORITY: section 226.195, RSMo 2016. Original rule filed Jan. 18, 2013, effective Aug. 30, 2013. Amended: Filed Dec. 9, 2022, effective July 30, 2023. Original authority: 226.195, RSMo 2011.

Chapter 8 Disadvantaged Business Enterprise Program

7 CSR 10-8.030 Procedures for Certifying Disadvantaged Business Enterprises {#sec-7-csr-10-8.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.030}

7 CSR 10-8.031 Who is Governed and Bound by the USDOT and MoDOT DBE Program {#sec-7-csr-10-8.031 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.031}

7 CSR 10-8.040 Procedures for Certification Renewal of Disadvantaged Business {#sec-7-csr-10-8.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.040}

7 CSR 10-8.041 Effective Date of the DBE Program Under 49 CFR Part 26 {#sec-7-csr-10-8.041 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.041}

7 CSR 10-8.050 Challenge Procedures for Disadvantaged Business {#sec-7-csr-10-8.050 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.050}

7 CSR 10-8.051 Procedures and Policies for Initially Certifying and Recertifying {#sec-7-csr-10-8.051 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.051}

7 CSR 10-8.060 Requirements to Participate in a Mentor-Protege {#sec-7-csr-10-8.060 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.060}

7 CSR 10-8.070 Decertification Procedures for Disadvantaged Business {#sec-7-csr-10-8.070 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.070}

7 CSR 10-8.071 DBE Program Reporting and Disclosure Requirements for {#sec-7-csr-10-8.071 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.071}

7 CSR 10-8.080 Determination and Review Procedures Governing the Failure to Perform a 2CODE OF STATE REGULATIONS {#sec-7-csr-10-8.080 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.080}

7 CSR 10-8.090 Finality of Department Determinations in the Disadvantaged Business {#sec-7-csr-10-8.090 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.090}

7 CSR 10-8.091 MoDOT Procedures and Hearings to Remove a Firm’s DBE Eligibility {#sec-7-csr-10-8.091 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.091}

7 CSR 10-8.111 Prompt Payment, Record Keeping and Audit Requirements {#sec-7-csr-10-8.111 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.111}

7 CSR 10-8.131 DBE Participation Credit Toward Project or Contract Goals {#sec-7-csr-10-8.131 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.131}

7 CSR 10-8.141 USDOT-Assisted DBE Contract Awards and Good Faith Efforts {#sec-7-csr-10-8.141 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.141}

7 CSR 10-8.151 Performance of a Commercially Useful Function by a DBE Firm {#sec-7-csr-10-8.151 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.151}

7 CSR 10-8.161 Confidentiality of DBE Program Financial and Other Information {#sec-7-csr-10-8.161 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.161}

7 CSR 10-8.200 Disadvantaged Business Enterprise Set-Aside Program General {#sec-7-csr-10-8.200 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.200}

7 CSR 10-8.220 Eligibility for Participation in the Commission’s DBE Set-Aside {#sec-7-csr-10-8.220 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.220}

7 CSR 10-8.230 Publication of Qualified DBEs and Joint Ventures in the DBE {#sec-7-csr-10-8.230 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.230}

7 CSR 10-8.240 Retaining Qualification to Participate in the Commission’s DBE {#sec-7-csr-10-8.240 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.240}

7 CSR 10-8.250 Bidding Limitations on Qualified Firms and Joint Ventures Having Active Commission DBE Set-Aside {#sec-7-csr-10-8.250 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.250}

7 CSR 10-8.260 DBE Subcontracting Goals for the Commission’s {#sec-7-csr-10-8.260 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.260}

7 CSR 10-8.270 Disqualification of a Firm or Joint Venture from the OF TRANSPORTATION Transportation Commission Enterprise Program {#sec-7-csr-10-8.270 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.270}

7 CSR 10-8.005 Scope of Rules {#sec-7-csr-10-8.005 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.005}

PURPOSE: This rule sets forth the scope of this chapter and Missouri Department of Transportation’s (MoDOT) implementation of the Disadvantaged Business Enterprise Program (DBE) requirements of Title 49 Code of Federal Regulationspart 26 in United States Department of Transportation-assisted programs and contracts. 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 This note applies only to the reference material. The entire text of the rule is printed here.

(1) Incorporates Federal Regulations. The Missouri Highways and Transportation Commission (commission) incorporates by reference into this rule and Title 7, Code of State Regulations(CSR) 10-8.011 through 7 CSR 10-8.151 the regulations for the Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs as set forth in Title 49, Code of Federal Regulations(CFR), sections 26.1 through 26.109, including all Appendices referenced therein. This rule incorporates these sections of the CFR as published by the United States Government Printing Office, 732 North Capitol Street NW, Washington, DC 20401 on November 3, 2014.

This rule does not incorporate any subsequent amendments or additions to the CFR. These rules shall be in effect for all commission-let projects for which the commission receives funding through.

(A) Highways. Federal-aid highway funds authorized under Titles I (other than Part B) and V of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), Public Law (P.L.) 102-240, 105 Stat. 1914, or Titles I, III, and Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU); The Moving Ahea d for Progress in the 21st Century Act (MAP 21), P.L. 112-141; and Fixing America’s Surface Transportation (FAST) Act, P.L. 114-94.

(B) Transit. Federal transit funds authorized by Titles I, III, V and VI of ISTEA, P.L. 102-240 or by federal transit laws in Title 49, U.S. Code, or Titles I, III, and V of the SAFETEA-LU; and The Moving Ahead for Progress in the 21st Century Act (MAP 21), P.L. 112-141.

(C) Airports. Airport funds authorized by 49 U.S.C. 47101, et seq.

(D) To the extent that any individual, entity, or firm is governed by the Disadvantaged Business Enterprise (DBE) Program regulations in this chapter, that individual, entity, or firm is also governed and bound by the corresponding United States Department of Transportation (USDOT) DBE program regulations at 49 CFR part 26. Clarifications of 49 CFR part 26 are incorporated by reference in the USDOT Questions and Answers on the DBE program as published on February 11, 2016 at https://www.transportation.gov/civilrights/disadvantaged-business-enterprise/official-questions-and-answers-qas-disadvantaged. This rule does not incorporate any subsequent amendments or additions.

(E) This rule incorporates by reference the Missouri Department of Transportation (MoDOT) Mentor/Protégé Program (MPP) as revised by MoDOT on June 17, 2014.

The MPP shall be made a part of this rule as published by MoDOT, 105 West Capitol Avenue, PO Box 270, Jefferson City, MO 65102 and as it appears on MoDOT’s website located at www.modot.mo.gov/External Civil Rights/Mentor/ Protégé program. This

rule does not incorporate any subsequent amendments or additions.

(2) Breach for Noncompliance. MoDOT will advise each contractor, through contract specifications on USDOT-funded contracts, that failure to carry out these requirements shall constitute a breach of contract and may result in termination of the contract, or any such remedy that MoDOT deems appropriate. MoDOT will require all contractor employees and contractor agents on USDOTfunded contracts to adhere to the provisions of 49 CFR part 26.

(3) Administration. The commission has adopted the federal DBE program regulations for MoDOT, which executive branch department of state government is subordinate to and controlled by the commission through commission’s appointee, the MoDOT director, who is MoDOT’s chief executive officer. The commission delegates the day-to-day administration of the DBE program to the External Civil Rights Director, who has been designated as MoDOT’s DBE liaison officer in compliance with 49 CFR section 26.25.

Equity Act: A Legacy for Users (SAFETEA- Map-21, The Moving Ahead for Progress in the 21st Century Act, Public Law 112-141; and MoDOT’s approved DBE Program submittals to the U.S. Department of Transportation. Original rule filed Jan. 12,

7 CSR 10-8.010 General Information {#sec-7-csr-10-8.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.010}

7 CSR 10-8.011 Definitions {#sec-7-csr-10-8.011 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.011}

PURPOSE: This rule harmonizes state rules and federal regulations by incorporating the federal regulations on the DBE Program and provides guidance on the federal regulation and further clarifies state rules.

(1) The Missouri Highways and Transportation Commission (commission) adopts the definitions contained in 49 Code of Federal RegulationsSection 26.5 except as such words and phrases are given meaning and definition below. The following words and phrases have the meaning and definition stated below, exclusively for the purpose of administering and regulating the Disadvantaged Business Enterprise (DBE) Program established by the commission in this chapter:

(A) “Commission” means the Missouri Highways and Transportation Commission, a state commission within the executive branch of state government created by statute and vested with authority or the administration of the state highway system by Article IV,

Section 29, Missouri Constitutionand section 226.020 of the Revised Statutes of the State of Missouri (RSMo);

(B) “Contractor” means a person or company which receives a contract directly from the commission or another United States Department of Transportation (USDOT) recipient in a USDOT-assisted highway, transit or airport program;

(C) “CSR” means the Code of State Regulationsfor the state of Missouri, published by the secretary of state of Missouri;

(D) “CUF” means commercially useful function;

(E) “DBE” means a disadvantaged business enterprise;

(F) “Department” means the Missouri Department of Transportation or “MoDOT,” a constitutional state department answerable and subordinate to the commission within the executive branch of Missouri government, unless the context and usage of the term clearly indicates that it is referring to the USDOT;

(G) “FTA” means the Federal Transit Administration;

(H) “FHWA” means the Federal Highway Administration;

(I) “Firm” means DBE. Furthermore, the firm and any fictitious name used by the firm must, to the extent required by Missouri law, be properly registered to do business in Missouri with the Missouri Secretary of State and the Missouri Department of Revenue before that firm may perform work or sell materials or supplies in Missouri as a contractor, subcontractor, or as a DBE firm recognized by MoDOT;

(J) “USDOT” refers the to the U.S.

Department of Transportation, including the Secretary of transportation, the Office of the Secretary, the Federal Highway Administration, the Federal Transit Administration and the Federal Aviation Administration, or any one of these administrative units of the United States Department of Transportation.

Equity Act: A Legacy for Users (SAFETEA- Moving Ahead for Progress in the 21st Century Act, Public Law 112-141; and MoDOT’s approved DBE Program submittals to the U.S.

Department of Transportation. Emergency

rule filed May 10, 2000, effective May 20, 2000, expired Nov. 6, 2000. Original rule filed May 10, 2000, effective Nov. 30, 2000.

Rescinded and Readopted: Filed Jan. 12,

7 CSR 10-8.020 Definitions RSMo 1994, section 1003(b) of the Emergency amendment filed Feb. 15, 1996, effective Feb. 25, 1996, expired Aug. 22, 1996. Amended: Filed Feb. 15, 1996, effective Aug. 30, 1996. Emergency rescission filed May 10, 2000, effective May 20, 2000, expired Nov. 6, 2000. Rescinded: Filed May 10, 2000, effective Nov. 30, 2000. {#sec-7-csr-10-8.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.020}

7 CSR 10-8.021 General Information Nov. 30, 2000. Rescinded: Filed Jan. 12, {#sec-7-csr-10-8.021 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.021}

7 CSR 10-8.030 Procedures for Certifying Disadvantaged Business Enterprises {#sec-7-csr-10-8.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.030}

7 CSR 10-8.031 Who Is Governed and Bound by the USDOT and MoDOT DBE Program Regulations Nov. 30, 2000. Rescinded: Filed Jan. 12, {#sec-7-csr-10-8.031 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.031}

7 CSR 10-8.040 Procedures for Certification Renewal of Disadvantaged Business Enterprises of 1991, and Title 49 Code of Federal {#sec-7-csr-10-8.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.040}

7 CSR 10-8.041 Effective Date of the DBE Program Under 49 CFR Part 26 26; Section 1101(b) of the Transportation Nov. 30, 2000. Rescinded: Filed Jan. 12, {#sec-7-csr-10-8.041 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.041}

7 CSR 10-8.050 Challenge Procedures for Disadvantaged Business Enterprises of 1991, and Title 49 Code of Federal Rescinded; Filed May 10, 2000, effective Nov. {#sec-7-csr-10-8.050 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.050}

4CODE OF STATE REGULATIONS

7 CSR 10-8.051 Procedures and Policies for Initially Certifying and Recertifying Disadvantaged Business Enterprise Firms Nov. 30, 2000. Rescinded: Filed Jan. 12, {#sec-7-csr-10-8.051 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.051}

7 CSR 10-8.060 Requirements to Participate in a Mentor-Protege Agreement Regulations part 23. Original rule filed Aug. {#sec-7-csr-10-8.060 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.060}

7 CSR 10-8.061 Missouri Unified Certification Program {#sec-7-csr-10-8.061 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.061}

PURPOSE: This rule describes Missouri’s Unified Certification Program (UCP) for the United States Department of Transportation Disadvantaged Business Enterprise certifications. 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 This note applies only to the reference material. The entire text of the rule is printed here.

(1) Unified Certification Program (UCP).

United States Department of Transportation (USDOT) included in Title 49 of the Code of Federal Regulations(CFR) part 26 a provision for a “one-stop” certification process for all Disadvantaged Business Enterprises (DBEs) that is required to be implemented by agencies that are recipients of federal funds from the USDOT.

(2) Missouri Regional Certification Committee (MRCC). The Missouri Regional Certification Committee is the UCP for the state of Missouri. The five (5) agencies that directly receive USDOT funds and currently operate a USDOT approved DBE program are: 1)

Missouri Department of Transportation (MoDOT); 2) City of St. Louis, Missouri; 3)

Bi-State Development/Metro; 4) Kansas City Area Transportation Authority (KCATA); and 5) the City of Kansas City, Missouri. These entities shall be referred to as the “Direct Partners,” and are the members of the MRCC.

(3) Unified Certification Agreement. All Direct Partners agreed to the procedures, processes, and requirements set out in the Unified Certification Agreement, Policies, and Procedures. This process allows for DBE certification by one Direct Partner to be honored by all other Direct Partners. It also allows for the review of a determination of DBE ineligibility by the MRCC Direct Partners who were not involved in the decision to remove DBE eligibility. The Missouri Highways and Transportation Commission (commission) incorporates by reference and makes a part of this rule the MRCC’s Unified Certification Agreement, Policies and Procedures as published by the MRCC whose address is Missouri Department of Transportation, External Civil Rights Division, 105 West Capitol Avenue, Jefferson City, MO 65102, and effective June 15, 2011. This rule does not incorporate any subsequent amendments or additions to this publication.

All final decisions to remove a DBE’s eligibility will be made by the MRCC.

(4) Certifications, Eligibility, and Hearings.

MoDOT may request a removal of a DBE’s eligibility, and such a removal shall be determined by the MRCC. All initial certification denials by MoDOT are administratively appealable to the USDOT. Any hearing conducted on a DBE’s eligibility or a complaint filed against a DBE shall be conducted by the MRCC and the MRCC shall issue the decision. Such decision by the MRCC is administratively appealable to the USDOT pursuant to 49 CFR section 26.89.

(5) NAICS Codes. The types of work a DBE firm can perform (whether on initial certification or when a new type of work is added) should be described in terms of six- (6-) digit North American Industry Classification System (NAICS) codes. The MRCC will make the final determination after an informal, independent, administrative review hearing after a MRCC member requests that a DBE be denied a NAICS code expansion or has a NAICS code removed.

(6) NAICS Code Descriptions. A correct NAICS code is one that describes, as specifically as possible, the principal goods or services which the firm would provide to the USDOT recipients. The initial determination of NAICS codes will be determined by the member agency of the MRCC in receipt of the DBE firm application and occurs simultaneously with the initial determination of DBE eligibility. The Bureau of Census website (www.census.gov/naics) provides additional information about the details of NAICS codes. The DBE firm has the primary responsibility to provide the detailed company information the member agency of the MRCC needs to make an appropriate NAICS code determination.

(7) NAICS Code Descriptions Not Adequate.

DBE firms shall rely on, and not depart from, the plain meaning of the NAICS code descriptions in determining the scope of a firm’s certification. However, in situations in which a DBE firm believes that the NAICS codes on record for the firm do not adequately describe the scope of the work the firm can perform, DBE firms should use the following guidance:

(A) If a DBE firm believes that there is not a NAICS code that fully or clearly describes the type(s) of work in which it is seeking to be certified as a DBE for a commission project, the firm may request that MoDOT, in the firm’s certification documentation, supplement the assigned NAICS code(s) with a clear, specific, and detailed narrative description of the type of work in which the firm seeks certification. A vague, general, or confusing description is not sufficient for this

purpose, and MoDOT will not rely on such a description in determining whether a firm’s desires to obtain DBE certification will be given that specific NAICS code, and, as a result, whether it’s participation may be counted toward the DBE goals established for the project.

(B) The MRCC is not precluded from changing a NAICS code determination or description if there is a factual basis in the record resulting from the informal, independent, administrative hearing authorized in this rule for doing so.

(8) NAICS Code Expansion Denial or Removal. If MoDOT initially denies or removes a NAICS code expansion request, the DBE firm has fifteen (15) days from the date of receipt of the denial of a NAICS code expansion or removal of a NAICS code to request an informal, independent, administrative review hearing before the MRCC in the same manner as a hearing under 49 CFR section 26.87. The DBE firm must exhaust all administrative remedies with the MRCC prior to appealing a decision denying or removing of a NAICS code expansion to the USDOT. In the case of a removal of NAICS code, the DBE maintains its NAICS code unless and until a final decision of the MRCC removes such code. If the DBE firm chooses to appeal to the MRCC, it will retain its rights to any future appeals to the USDOT. In the event the DBE firm chooses to not appeal this decision to the MRCC, the DBE firm then waives its rights to appeal to the USDOT and any judicial review. If the DBE firm fails to make a timely request for an informal, independent, administrative review by MRCC within fifteen (15) days from the date of receipt of the denial of the NAICS code expansion by MoDOT, MoDOT’s decision regarding the DBE’s NAICS code expansion will be final.

Equity Act: A Legacy for Users (SAFETEA- Map-21, The Moving Ahead for Progress in the 21st Century Act, Public Law 112-141; and May 20, 2000, expired Nov. 6, 2000. Original

rule filed May 10, 2000, effective Nov. 30, 2000. Rescinded and Readopted: Filed Jan. 12, 2018, effective Aug. 30, 2018.

7 CSR 10-8.070 Decertification Procedures for Disadvantaged Business Enterprises {#sec-7-csr-10-8.070 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.070}

7 CSR 10-8.071 DBE Program Reporting and Disclosure Requirements for Currently Certified DBE Firms Nov. 30, 2000. Rescinded: Filed Jan. 12, {#sec-7-csr-10-8.071 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.071}

7 CSR 10-8.080 Determination and Review Procedures Governing the Failure to Perform a Commercially Useful Function {#sec-7-csr-10-8.080 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.080}

History

• AUTHORITY: section 226.020 and 226.150, RSMo 1994, section 1003(b) of the Regulations part 23. Emergency rule filed Feb. 15, 1996, effective Feb. 25, 1996, expired Aug. 22, 1996. Original rule filed Feb. 15, 1996, effective Aug. 30,1996,

7 CSR 10-8.081 Ineligibility Complaints Nov. 30, 2000. Rescinded: Filed Jan. 12, {#sec-7-csr-10-8.081 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.081}

7 CSR 10-8.090 Finality of Department Determinations in the Disadvantaged Business Enterprise Program RSMo 1994, section 1003(b) of the Interof 1991 and Title 49 Code of Federal Regulationspart 23. Emergency rule filed Feb. 15, 1996, effective Feb. 25, 1996, expired Aug. 22, 1996. Original rule filed Feb. 15, 1996, effective Aug. 30, 1996. {#sec-7-csr-10-8.090 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.090}

7 CSR 10-8.091 MoDOT Procedures and Hearings to Remove a Firm’s DBE Eligibility Nov. 30, 2000. Rescinded: Filed Jan. 12, {#sec-7-csr-10-8.091 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.091}

7 CSR 10-8.101 The Effect of a USDOT Certification Appeal Nov. 30, 2000. Rescinded: Filed Jan. 12, {#sec-7-csr-10-8.101 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.101}

7 CSR 10-8.111 Prompt Payment, Record Keeping and Audit Requirements 6CODE OF STATE REGULATIONS Nov. 30, 2000. Rescinded: Filed Jan. 12, {#sec-7-csr-10-8.111 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.111}

7 CSR 10-8.121 MoDOT DBE Program Goals, Contract Goals {#sec-7-csr-10-8.121 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.121}

PURPOSE: This rule harmonizes state rules and federal regulations on setting DBE program goals and contract goals on federal-aid highway projects by incorporating the federal regulations on the DBE Program and provides guidance on the federal regulation and further clarifies state rules. 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 This note applies only to the reference material. The entire text of the rule is printed here.

(1) Overall Program Goal.

(A) Amount of Goal. Missouri Department of Transportation (MoDOT) may use an interim goal-setting mechanism while it updates its availability calculations to set its Disadvantaged Business Enterprise (DBE) goals. MoDOT may consult with economic and statistical experts to assist in adopting a goal-setting methodology that best meets the requirements of narrow tailoring in setting MoDOT’s overall DBE goal.

(B) Goal-Setting Process.

1. MoDOT will submit its overall DBE Program goal to the United States Department of Transportation (USDOT)on August 1 at three (3) year intervals, based on a schedule established by the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), or Federal Aviation Administration (FAA), as applicable. Before establishing the overall goal, MoDOT will consult with minority, female, and general contractor groups, community organizations, and other officials or organizations. These groups include any organization or individuals necessary to obtain information that:

A. Reveals the availability of disadvantaged and non-disadvantaged businesses;

B. Ensures non-discrimination on opportunities for DBEs; and C. Assists MoDOT’s efforts to establish a level playing field for the participation of DBE firms in USDOT assisted contracts pertaining to highway, transit, and airport financial assistance programs. MoDOT will publish the proposed overall goal in general circulation, minority and female focused publications, trade association publications, and the MoDOT website. MoDOT will publish a notice of its goal-setting process by June 1 of any year an overall goal is being set, at three (3) year intervals, in order to allow thirty (30) days for inspection and public comment.

2. Following this consultation, MoDOT will publish a notice of the proposed overall goal, informing the public that the proposed goal and its rationale are available for inspection during normal business hours at the headquarters office for thirty (30) days following the date of the notice. MoDOT and the USDOT will accept comments on the goals for forty-five (45) days from the date of the notice. MoDOT will plan to issue the notice by June 1 of any year an overall goal is being set, at three (3) year intervals. The notice will include addresses to which comments may be sent and addresses, including office and website addresses where the proposal may be reviewed. MoDOT will begin using the overall goal on October 1 of any year an overall goal is being set, at (3) year intervals, unless other instructions have been received from USDOT.

3. MoDOT will include a summary of information and comments received during this public participation process and MoDOT’s responses in the overall goal submission to the USDOT.

(C) Race- and Gender-Neutral Means.

1. MoDOT will strive to meet the maximum feasible portion of the overall DBE Program goal by race- and gender-neutral means of facilitating DBE participation in DOT assisted contracts pertaining to highway, transit, and airport financial assistance programs. Race- and gender-neutral participation involves affirmative action to assist all small business contractors and subcontractors.

2. MoDOT will adjust the estimated breakout of race- and gender-neutral and race- and gender-conscious participation to reflect actual DBE participation and will track and report race- and gender-neutral and race-conscious participation separately. For reporting purposes, race- and gender-neutral DBE participation includes, but is not necessarily limited to, the following:

A. DBE participation through a prime contract a DBE obtains through customary competitive procurement procedures;

B. DBE participation through a subcontract that does not carry a DBE goal;

C. DBE participation on a prime contract exceeding the contract DBE goal.

(D) In order to comply with Title 49 CFR

section 26.39, the department amends its current DBE program to create the following Small Business Enterprise (SBE) program for USDOT assisted projects:

1. The SBE program will not require SBE goal setting on MoDOT’s USDOT assisted projects; however, certified SBEs will be encouraged to participate and certified SBE participation will be tracked, monitored, and reported; and 2. The Small Business Program “Declaration of Certification” form will be utilized by MoDOT as a member of the Missouri Unified Certification Program, also known as the Missouri Regional Certification Committee (MRCC). The “Declaration of Certification” is the document to be utilized by MoDOT to verify interested small businesses’ eligibility under Small Business Administration (SBA) regulations, contained in 13 CFR sections 121.101-201 as found in 15 USC 634(b) and incorporated herein by reference, to participate in the SBE Program, 409 3rd Street, SW., Washington, DC 20416, June 2, 2017. This rule does not incorporate any subsequent amendments or additions.

(2) Project Goals on USDOT-Assisted Contract Work.

(A) MoDOT will use contract DBE goals to meet any portion of the overall DBE goal.

MoDOT does not have an expectation of being able to meet the goal using only raceand gender-neutral means. MoDOT will establish contract DBE goals only on those USDOT-assisted contracts with subcontracting possibilities.

(B) The External Civil Rights Division is responsible for setting all DBE goals on MoDOT-let federal aid projects. The division is also responsible for review and concurrence on all off-state highway system, aviation, transit, enhancement, consultant, and any other sub-recipient federal aid projects.

(C) The DBE project goal is set by reviewing the type of project, elements of work to be performed, time frame, geographical loca tion,

history of DBE and non-DBE usage, and available DBE firms. The goal will be expressed as a percentage of the total amount of funds on a USDOT-assisted contract.

(D) MoDOT will work to ensure that its DBE Program continues to be narrowly tailored to overcome the effects of discrimination, and MoDOT will adjust its use of contract DBE goals accordingly, as directed in 49 CFR section 26.51. MoDOT welcomes all public comments regarding any contract DBE goal or its contract DBE goal-setting processes. These comments should be made in writ ing and sent to MoDOT’s External Civil Rights Division at any time.

Equity Act: A Legacy for Users (SAFETEA- Moving Ahead for Progress in the 21st Century Act, Public Law 112-141; and Nov. 30, 2000. Rescinded and Readopted:

Filed Jan. 12, 2018, effective Aug. 30, 2018.

7 CSR 10-8.131 DBE Participation Credit Toward Project or Contract Goals Nov. 30, 2000. Rescinded: Filed Jan. 12, {#sec-7-csr-10-8.131 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.131}

7 CSR 10-8.141 USDOT-Assisted DBE Contract Awards and Good Faith Efforts Nov. 30, 2000. Rescinded: Filed Jan. 12, {#sec-7-csr-10-8.141 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.141}

7 CSR 10-8.151 Performance of a Commercially Useful Function by a DBE Firm Nov. 30, 2000. Rescinded: Filed Jan. 12, {#sec-7-csr-10-8.151 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.151}

7 CSR 10-8.161 Confidentiality of DBE Program Financial and Other Information Title 49 Code of Federal Regulations part Nov. 30, 2000. Rescinded: Filed Jan. 12, {#sec-7-csr-10-8.161 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.161}

7 CSR 10-8.200 Disadvantaged Business Enterprise Set-Aside Program General Information {#sec-7-csr-10-8.200 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.200}

7 CSR 10-8.210 Definitions {#sec-7-csr-10-8.210 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.210}

7 CSR 10-8.220 Eligibility for Participation in the Commission’s DBE Set-Aside Program {#sec-7-csr-10-8.220 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.220}

7 CSR 10-8.230 Publication of Qualified DBEs and Joint Ventures in the DBE Directory {#sec-7-csr-10-8.230 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.230}

7 CSR 10-8.240 Retaining Qualification to Participate in the Commission’s DBE Set- Aside Program Act of 1991, P.L. 102-240 and Title 49 Code of Federal Regulationspart 23. Original rule {#sec-7-csr-10-8.240 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.240}

7 CSR 10-8.250 Bidding Limitations on Qualified Firms and Joint Ventures Having Active Commission DBE Set-Aside Contracts 8CODE OF STATE REGULATIONS {#sec-7-csr-10-8.250 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.250}

7 CSR 10-8.260 DBE Subcontracting Goals for the Commission’s DBE Set-Aside Program Contracts {#sec-7-csr-10-8.260 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.260}

7 CSR 10-8.270 Disqualification of a Firm or Joint Venture from the DBE Set-Aside Program {#sec-7-csr-10-8.270 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-8.270}

Chapter 9 Logo Signing

7 CSR 10-9.010 Public Information 1990. Rescinded and readopted: Filed Jan. 3, 1999. Amended: Filed March 9, 2005, effec- {#sec-7-csr-10-9.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-9.010}

7 CSR 10-9.020 Definitions 1990. Rescinded and readopted: Filed Jan. 3, 1999. Amended: Filed March 9, 2005, effec- {#sec-7-csr-10-9.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-9.020}

7 CSR 10-9.030 Eligibility Requirements 1990. Rescinded and readopted: Filed Jan. 3, 1999. Amended: Filed March 9, 2005, effec- {#sec-7-csr-10-9.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-9.030}

7 CSR 10-9.040 Specific Service Signs 1990. Rescinded and readopted: Filed Jan. 3, 1999. Amended: Filed March 9, 2005, effec- {#sec-7-csr-10-9.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-9.040}

7 CSR 10-9.050 Sign Design and Installation 1990. Rescinded and readopted: Filed Jan. 3, 1999. Amended: Filed March 9, 2005, effec- {#sec-7-csr-10-9.050 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-9.050}

7 CSR 10-9.060 Administration 1990. Rescinded and readopted: Filed Jan. 3, 1999. Amended: Filed March 9, 2005, effec- JASONKANDER(5/31/15) {#sec-7-csr-10-9.060 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-9.060}

Chapter 10 Contractor Performance Rating to Determine Responsibility

7 CSR 10-10.030 Rating Categories for Evaluating the Performance of a Contractor {#sec-7-csr-10-10.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.030}

7 CSR 10-10.040 Contractor Performance Project Evaluation Used For Determining {#sec-7-csr-10-10.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.040}

7 CSR 10-10.050 Procedure and Schedule for Completing the Contractor Performance {#sec-7-csr-10-10.050 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.050}

7 CSR 10-10.060 Explanation of Standard Deviation Rating System for All Contractors {#sec-7-csr-10-10.060 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.060}

7 CSR 10-10.070 Procedure for Annual Rating of Contractors {#sec-7-csr-10-10.070 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.070}

7 CSR 10-10.090 Reservation of Rights to Recommend or Declare Persons or Contractors {#sec-7-csr-10-10.090 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.090}

7 CSR 10-10.100 Procedure for Reinstatement of a Person or Contractor Previously {#sec-7-csr-10-10.100 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.100}

7 CSR 10-10.110 Effect of Reinstatement of a Person or Contractor Previously Declared {#sec-7-csr-10-10.110 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.110}

7 CSR 10-10.120 Reservation of Rights to Recommend or Declare Persons or Contractors {#sec-7-csr-10-10.120 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.120}

7 CSR 10-10.130 Addresses for Written Notification or Appeal {#sec-7-csr-10-10.130 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.130}

(Rescinded May 30, 1998) . . . .5 TRANSPORTATION TRANSPORTATION COMMISSION TRANSPORTATION Transportation Commission Determine Responsibility

7 CSR 10-10.010 Definitions {#sec-7-csr-10-10.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.010}

PURPOSE: This rule contains the definitions of terms used in this

chapter.

(1) Bidder. Any person, individual, partnership, corporation, or joint venture submitting a bid to supply goods or to perform the work contemplated under a commission contract.

(2) Commission. The Missouri Highways and Transportation Commission.

(3) Contractor. Any person, individual, or legal entity including its officers and directors that submits bids or proposals for or is awarded or may reasonably be expected to submit bids or proposals for or be awarded a commission contract.

This definition includes any subcontractor that conducts business with the commission or department as an agent or representative of a contractor and any person, individual, or legal entity that conducts business with the department as an agent or representative of a contractor.

(4) Department. The Missouri Department of Transportation (MoDOT).

(5) Nonresponsible contractor. A contractor determined by the commission to lack one (1) or more of the qualities associated with a responsible bidder or responsible contractor and are deemed ineligible to bid on commission contracts.

(6) Person. Any individual, corporation, partnership, association, unit of government, or legal entity, however organized.

(7) Responsible bidder or responsible contractor. A person who has the capability in all respects to perform fully the contract requirements, and who possesses the integrity and reliability which will assure good faith performance.

(8) Subcontractor. Any person participating as part of a joint venture, to whom the contractor sublets any part of the work under a commission contract.

Emergency amendment filed Nov. 20, 1997, effective Jan. 1, 1998, expired June 29, 1998. Amended: Filed Nov. 20, 1997, effective May 30, 1998. Emergency amendment filed Nov. 9, 1999, effective Nov. 19, 1999, expired May 16, 2000. Amended: Filed Nov. 9, 1999, effective May 30, 2000. Emergency amendment filed Dec. 1, 2000, effective Jan. 1, 2001, expired June 29, 2001. Amended: Filed Dec. 1, 2000, effective May 30, 2001. Amended: Filed Nov. 20, 2002, effective June 30, 2003. Amended: Filed Dec. 5, 2006, effective July 30, 2007. Amended: Filed Dec. 8, 2016, effective July 30, 2017.

Amended: Filed Feb. 6, 2026, effective Sept. 30, 2026. 227.030, RSMo 1939; and 227.105, RSMo 1996.

7 CSR 10-10.020 Explanation of Contractor Performance Rating System {#sec-7-csr-10-10.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.020}

PURPOSE: This rule explains the need for the contractor rating system established in this chapter and states the general objectives of the system.

(1) The commission has the obligation to award its contracts to only responsive and responsible bidders. The commission also has the duty to supervise and control the construction and maintenance of its state highway system. Inherent in these concepts, and in the commission’s general obligation to the traveling public of this state, is that the commission must regulate those who construct the finished highway product.

(2) The contractor rating system is intended to help the commission periodically determine those responsible contractors whose outstanding or superior performance merits recognition by the commission. The focus of the recognition will be on excellence in partnering. At the start of each calendar year, contractors will have the opportunity to nominate projects they believe demonstrate outstanding partnerships. Missouri Department of Transportation (MoDOT) will review the nominated projects and select those that will be recognized. The commission will be informed of contractors being recognized.

The recognized contractors will be informed and invited to the annual meeting.

Filed Feb. 6, 2026, effective Sept. 30, 2026. 227.030, RSMo 1939; and 227.100, RSMo 1939, amended 1963, 1967, 1969, 2002.

History

• AUTHORITY: sections 226.020, 226.130, 227.030, and 227.100, Amended: Filed Dec. 8, 2016, effective July 30, 2017. Amended:

7 CSR 10-10.030 Rating Categories for Evaluating the Performance of a Contractor Emergency amendment filed Nov. 20, 1997, effective Jan. 1, 1998, expired June 29, 1998. Amended: Filed Nov. 20, 1997, effective May 30, 1998. Emergency amendment filed Dec. 1, 2000, effective Jan. 1, 2001, expired June 29, 2001. Amended: Filed Dec. 1, 2000, effective May 30, 2001. Amended: Filed Nov. 20, 2002, effective June 30, 2003. Amended: Filed Dec. 5, 2006, effective July 30, 2007. {#sec-7-csr-10-10.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.030}

Amended: Filed Dec. 8, 2016, effective July 30, 2017. Rescinded:

Filed Feb. 6, 2026, effective Sept. 30, 2026.

7 CSR 10-10.040 Contractor Performance Project Evaluation Used For Determining Contractor Performance (8/31/26) Denny Hoskins TRANSPORTATION COMMISSION TRANSPORTATION {#sec-7-csr-10-10.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.040}

7 CSR 10-10.050 Procedure and Schedule for Completing the Contractor Performance Project Evaluation {#sec-7-csr-10-10.050 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.050}

7 CSR 10-10.060 Explanation of Standard Deviation Rating System for All Contractors RSMo 2000. Original rule filed Dec. 31, 1990, effective July 8, 1991. {#sec-7-csr-10-10.060 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.060}

Amended: Filed April 13, 1994, effective Oct. 30, 1994. Amended:

Filed June 12, 1996, effective Jan. 30, 1997. Emergency rescission and rule filed Nov. 20, 1997, effective Jan. 1, 1998, expired June 29, 1998. Rescinded and readopted: Filed Nov. 20, 1997, effective May 30, 1998. Emergency amendment filed Dec. 1, 2000, effective Jan. 1, 2001, expired June 29, 2001. Amended: Filed Dec. 1, 2000, effective May 30, 2001. Amended: Filed Nov. 20, 2002, effective June 30, 2003. Amended: Filed Dec. 5, 2006, effective July 30, 2007.

Rescinded: Filed Feb. 6, 2026, effective Sept. 30, 2026.

7 CSR 10-10.070 Procedure for Annual Rating of Contractors {#sec-7-csr-10-10.070 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.070}

7 CSR 10-10.080 Determination of Nonresponsibility RSMo 2000. Original rule filed Dec. 31, 1990, effective July 8, 1991. 20, 1997, effective May 30, 1998. Emergency amendment filed Dec. 1, 2000, effective Jan. 1, 2001, expired June 29, 2001. Amended: {#sec-7-csr-10-10.080 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.080}

Filed Dec. 1, 2000, effective May 30, 2001. Amended: Filed Nov. 20, 2002, effective June 30, 2003. Amended: Filed Dec. 5, 2006, effective July 30, 2007. Rescinded: Filed Feb. 6, 2026, effective Sept. 30, 2026.

7 CSR 10-10.090 Reservation of Rights to Recommend or Declare Persons or Contractors Nonresponsible on Other Grounds {#sec-7-csr-10-10.090 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.090}

PURPOSE: This rule reserves to the department the right to recommend disqualification of, and to the commission the right to disqualify persons, firms, or contractors for reasons other than those set forth in this chapter.

(1) Nothing in this chapter shall be construed to waive, limit, or restrict the right of the department to determine that a contractor be declared nonresponsible if there is cause to believe that the contractor cannot responsibly or competently perform contract work generally, or of a particular type or description. The department reserves the right to declare disqualified any contractor it finds to be incompetent or nonresponsible, with such terms and conditions governing the disqualification as it deems appropriate.

(2) Nothing in this chapter shall be construed to waive, limit, or restrict the right of the department or of the commission to determine and declare that a person, firm, corporation, or contractor be disqualified for any other legal reason or circumstance that would support a finding that the person, firm, corporation, or contractor was nonresponsible, including but not limited to financial irresponsibility or a demonstrated lack of concern for public or employee safety or environmental responsibility. The commission reserves the right to declare nonresponsible any person, firm, corporation, or contractor which it finds to be nonresponsible or ineligible upon sufficient legal grounds, with those terms and conditions governing that action as it deems appropriate. 20, 1997, effective May 30, 1998. Emergency amendment filed Dec. 1, 2000, effective Jan. 1, 2001, expired June 29, 2001. Amended:

Filed Dec. 1, 2000, effective May 30, 2001. Amended: Filed Nov. 20, 2002, effective June 30, 2003. Amended Filed Dec. 5, 2006, effective July 30, 2007. Amended: Filed Feb. 6, 2026, effective Sept. 30, 2026. 227.030, RSMo 1939; and 227.105, RSMo 1996.

7 CSR 10-10.100 Procedure for Reinstatement of a Person or Contractor Previously Declared Nonresponsible TRANSPORTATION TRANSPORTATION COMMISSION {#sec-7-csr-10-10.100 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.100}

7 CSR 10-10.110 Effect of Reinstatement of a Person or Contractor Previously Declared Nonresponsible {#sec-7-csr-10-10.110 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.110}

7 CSR 10-10.120 Reservation of Rights to Recommend or Declare Persons or Contractors Nonresponsible on Other Grounds {#sec-7-csr-10-10.120 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.120}

7 CSR 10-10.130 Addresses for Written Notification or Appeal {#sec-7-csr-10-10.130 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-10.130}

Chapter 11 Procurement of Supplies

7 CSR 10-11.020 Procedures for Solicitation, Receipt of Bids, and Award and TRANSPORTATION Transportation Commission {#sec-7-csr-10-11.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-11.020}

7 CSR 10-11.010 Definition of Terms {#sec-7-csr-10-11.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-11.010}

PURPOSE: This rule defines terms used in this chapter.

(1) Award—An action taken by the director or his/her designee on behalf of the commission on successful bids/proposals.

(2) Bid/Proposal—An offer to perform a contract for work and labor or to supply materials, goods, or services at a specified price; also may include detailed information about services to be furnished.

(3) Bidder/Offeror—A person or entity submitting a solicitation document to the department.

(4) Bond—A guaranty agreement that contains the promise of a third party to fulfill the bidder’s/offeror’s responsibilities in the event that the bidder/offeror is unable or unwilling to fulfill those responsibilities. The commission may require the following:

(A) Bid/Proposal bond—A financial guarantee that the bidder/ offeror, if selected, will accept the contract as bid/proposed.

Protects the commission against loss due to bidder’s/offeror’s refusal to enter into a contract with the commission;

(B) Payment bond—A financial guarantee that the contractor will pay his/her/its workers, suppliers, and subcontractors on a commission project. Assures the commission that persons supplying labor or material in connection with a project will be paid; and/or (C) Performance bond—A financial guarantee that the contractor will complete performance of the project. Protects the commission against loss due to the inability or refusal of a contractor to perform his/her/its contract.

(5) Buyer—A department employee who buys or contracts to buy supplies for the department.

(6) Certification—The process in which the bidder/offeror swears that the information he/she/it has provided is correct.

(7) Commission—The Missouri Highways and Transportation Commission.

(8) Contract—An offer to perform work and labor or to supply materials, goods, or services at a specified price that is acceptable to the commission; also may include detailed information about services to be furnished.

(9) Contractor—A successful bidder/offeror who has received an award by the commission and with which a contract has been executed with the commission.

(10) Debarment—An exclusion from contracting with the commission that is issued by the commission and has an indefinite period of time in duration.

(11) Department—The Missouri Department of Transportation.

(12) Director—The director of the General Services Division of the department or a designated representative (i.e., designee) of the director.

(13) Division—The Division of General Services within the Missouri Department of Transportation.

(14) Domicile—The state in which a business is incorporated.

(15) Emergency—A situation which creates a serious and obvious threat to the public health, welfare, or safety, or creates a serious and obvious threat to the operation of the department in executing its legal responsibilities to the public or for the persons or property in its legal care, custody, or control, or a combination of these.

(16) Indefinite Delivery Contract (IDC)—Resulting from a competitive procurement, contracts awarded for facility maintenance, construction, repair, rehabilitation, renovation, or alteration services of a recurring nature when the delivery times and quantities are indefinite. Work orders are placed with the contractors based on pre-described and pre-priced tasks when the need for the services arises.

(17) Invitation for bid (IFB)—A formal request for sealed bids which is solicited based upon specifications for which bids must be submitted.

(18) Invitation for quotation (IFQ)—An informal request for either bids or proposals based upon either a specification or a scope of work requirement. Establishes a target date and time by which quotations must be submitted.

(19) Missouri firm—A corporation which is incorporated in Missouri, or in the case of a partnership, joint venture, or sole proprietorship, a business which has its principal place of business in Missouri.

(20) Multiple award—A purchase order or contract awarded to/executed with two (2) or more bidders/offerors required to meet the needs of the department.

(21) Nonresponsive bid/proposal—A bid or proposal which does not fulfill all terms, conditions, and specifications outlined in the solicitation document.

(22) Notice to proceed—A document sent by the department that gives notice to the bidder/offeror to begin performance on its contract.

(23) Purchase—The term purchase includes rental or leasing of any equipment, articles, or supplies.

(24) Purchase order—A document issued by the department authorizing a bidder/offeror to deliver goods.

(25) Responsible bid/proposal—Bid/proposal which complies with all terms, conditions, and specifications outlined in the solicitation document.

(26) Request for information (RFI)—An Informal request for information which is solicited and based upon identified needs.

(27) Request for proposal (RFP)—A formal request for sealed proposals which is solicited and based on scope of work (5/31/26) Denny Hoskins TRANSPORTATION COMMISSION TRANSPORTATION requirements. Proposals must be submitted by a specific date and time.

(28) Solicitation—A process of notifying prospective bidders/ offerors that the department wishes to receive bids or proposals to provide goods, services, or a combination of goods and services to the commission. The term includes IFQ, RFQ, RFP, IFB, RFB, and any other procurement method which may be used by the commission.

(29) State—The state of Missouri.

(30) Substitution—A shipment of an item that materially conforms to the specifications of the solicitation but is technically different from such item in the solicitation.

(31) Supplies—Materials, equipment, contractual services, and all articles or things.

(32) Suspension—An exclusion from contracting with the commission that is issued by the commission and has a temporary period of time.

(33) Vendor—Any individual, partnership, company, corporation, or joint venturer providing supplies to the commission.

RSMo 2016.* Original rule filed April 5, 1993, effective Oct. 10, 1993.

Amended: Filed June 5, 2009, effective Jan. 30, 2010. Amended:

Filed May 4, 2018, effective Dec. 30, 2018.

7 CSR 10-11.020 Procedures for Solicitation, Receipt of Bids, and Award and Administration of Contracts {#sec-7-csr-10-11.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-11.020}

PURPOSE: This rule prescribes procedures for soliciting and receiving bids and for awarding contracts.

(1) Informal Procurement Methods. When the procurement is estimated to be less than one hundred thousand dollars ($100,000), an informal method of solicitation may be utilized.

Informal methods of procurement may include invitation for quotation (IFQ), telephone quotes, etc.

(A) The division will establish a target date and time for submission of quotations.

(B) The division may proceed with the evaluation and award any time after the expiration of the target date and time.

Quotations received after the target date and time, but before the award of a contract, may be included in the evaluation at the discretion of the division.

(2) Request for Bid/Invitation for Bid. A formal method of solicitation will be used when the procurement is estimated to be one hundred thousand dollars ($100,000) or more. The formal method of solicitation will be either an invitation for bid (IFB) or request for bid (RFB), etc.

(A) In a formal solicitation, sealed responses will be submitted to the division, or a secured electronic database, by the time set for the opening of bids.

(B) Formal bids received after the time set for the opening of bids will not be opened.

(C) After the bid opening, all bids received in response to an IFB are available for public review.

(D) When the division decides in its discretion that all bids are unacceptable and circumstances do not permit a rebid, negotiations may be conducted by the division with only those bidders who submitted bids in response to the IFB. Upon determination that negotiations will be conducted, the bids and related documents will be closed to public viewing in accordance with section 610.021, RSMo.

(3) Request for Proposals. Formal request for proposal (RFP) solicitation methods will be used when the procurement requires the utilization of competitive negotiation.

(A) In response to an RFP, sealed responses will be submitted to the division, or a secured electronic database, by the time set for the opening of the proposals.

(B) Formal proposals received after the time set for the opening of bids/proposals will not be opened.

(C) Proposals received in response to an RFP are available for public review after a contract is executed or all proposals are rejected.

(D) Offerors who obtain information concerning a competitor’s proposal may be disqualified for consideration for a contract award.

(4) Indefinite Delivery Contracts (IDC). IDC may be utilized for facility maintenance, construction, repair, rehabilitation, renovation, or alteration services of a recurring nature when the delivery times and quantities are indefinite with a total cost of less than one hundred thousand dollars ($100,000).

(5) Single Feasible Source. The division may waive the requirement of competitive bids or proposals for supplies when the division has determined in writing that there is only a single feasible source for the supplies. Immediately upon discovering that other feasible sources exist, the division shall rescind the waiver and proceed to procure the supplies through the competitive processes as described in this rule.

(A) A single feasible source exists when— 1. Supplies are proprietary and only available from the manufacturer or a single distributor; or 2. Based on past procurement experience, it is determined that only one (1) distributor services the region in which the supplies are needed; or 3. Supplies are available at a discount from a single distributor for a limited period of time.

(B) When the single feasible source procurement method is utilized, the following guidelines will be used:

1. The following guidelines may be utilized to determine if supplies can be purchased as a single feasible source due to being proprietary:

A. The parts are required to maintain validity of a warranty;

B. Additions to a system must be compatible with original equipment;

C. Only one (1) type of computer software exists for a specific application;

D. Factory authorized maintenance must be utilized to maintain validity of a warranty;

E. The materials are copyrighted and are only available from the publisher or a single distributor; or F. The services of a particular provider are unique, e.g., entertainers, authors, etc.;

2. If past procurement activity indicates only one (1) bid has been submitted in a particular region, a single feasible source procurement may be authorized. In these situations, the division will monitor the market for developing competition; and 3. The following guidelines may be utilized to determine if supplies may be purchased as a single feasible source due to being available at a discount for a limited period of time:

A. The discounted price is compared to a price established through a reasonable market analysis; and B. The discounted price should normally be at least ten percent (10%) less than the current contract or other comparable price. A discount of less than ten percent (10%) may be acceptable under appropriate market conditions. The discount should be compared to a price which, where feasible, is within the most recent twelve (12) months.

(C) The division shall post any proposed single feasible source purchase with an estimated expenditure of ten thousand dollars ($10,000) or more. The proposed purchase will be advertised through an electronic medium available to prospective bidders or offerors and the general public at least five (5) business days before the contract is to be awarded.

Advertising may be waived, if not feasible, due to the supplies being available at a discount for only a limited period of time.

(6) Emergency Procurement. When conditions meet the criteria of an emergency situation as defined in 7 CSR 10- 11.010, emergency procurement procedures may be utilized.

Formal competitive bids or proposals may be waived, but an emergency procurement should be made with as much informal bidding as practicable. Only those supplies which are necessary to alleviate the emergency may be purchased using emergency procedures.

(7) Cooperative Procurement. When circumstances dictate that it would be most advantageous, the division may purchase supplies from or in cooperation with another governmental entity.

(A) Supplies purchased from another governmental entity should be limited to those supplies which are provided directly by such entity.

(B) Supplies purchased in cooperation with another governmental entity may be purchased based on contracts established in accordance with that entity’s laws and regulations.

(8) Applicable Procedures. Regardless of the solicitation method utilized, the following procedures apply:

(A) All solicitation documents will use standardized terms and conditions;

(B) The division may request bids/proposals for new equipment employing the trade-in of used equipment. The solicitation document may request pricing with a trade-in and without a trade-in;

(C) The division may require bid/proposal, payment, and/or performance bonds. The solicitation document shall identify the acceptable form and amount of any required bid/proposal, payment, and/or performance bond. In addition— 1. The bid/proposal bond of unsuccessful vendors may be returned after the finalization of the award to the successful vendor. If the successful vendor fails to execute the contract with the commission, the amount of the bid/proposal bond of the successful vendor may be forfeited to the commission; and 2. The bid/proposal bond of the successful vendor may be returned after the receipt of the successful vendor’s payment and/or performance bond. If the contractor fails to submit the payment and/or performance bond as required, the bid/ proposal bond may be forfeited to the commission and the contract voided;

(D) In the event the division receives a container which is not identifiable as responsive to a specific bid/proposal, an authorized person within the division may open the container to determine the contents. If the contents are determined to be responsive to a division bid/proposal, the container will be resealed and the solicitation number, opening date, and time will be noted on the outside and included with all bids at the official time for opening the responses;

(E) After the bid/proposal opening, a vendor may be permitted to withdraw a bid/proposal prior to award at the sole discretion of the division if there is a verifiable error in the bid/ proposal and enforcement of the bid would impose an unconscionable hardship on the vendor. This withdrawal will be considered only after receipt of a written request and supporting documentation from the vendor. The vendor’s sole remedy for an error other than an obvious clerical error is bid withdrawal.

Withdrawal of a bid/proposal may result in forfeiture of the bid/proposal bond;

(F) For bids/proposals with a value of twenty-five thousand dollars ($25,000) or more, a ten percent (10%) preference is given to bidders/offerors who can certify that goods or commodities to be provided in accordance with the contract are manufactured or produced in the United States or imported in accordance with a qualifying treaty, law, agreement, or

regulation over bidders whose products do not qualify. Failure to provide a certification may result in forfeiture of any preference. This preference does not apply to bids/proposals for goods or commodities purchased with federal funds;

(G) In addition to cost, subjective judgment may be utilized in the evaluation of bids/proposals provided the method is published in the solicitation document;

(H) The division may request samples to be provided free of charge for evaluation purposes. Samples not destroyed by testing will be returned at the vendor’s expense if return of the samples is stipulated in the vendor’s bid/proposal. Samples submitted by a vendor who receives the award may be kept for the duration of the contract for comparison with shipments received;

(I) During the course of a solicitation, vendors may be required to demonstrate proposed products or services under coordination of the division;

(J) Applicable preference statutes will be applied when bids are equal in all respects. If bids are equal in all respects after all applicable statutory preferences are applied, a formal drawing of lot will be used to award the contract. Whenever practical, the drawing will be held in the presence of the vendors who are considered equal. If this is not practical, the drawing will be witnessed by a disinterested person;

(K) The division may make multiple awards from a single solicitation document when such awards are in the best interest of the commission as determined in the sole discretion of the division;

(L) The solicitation file or facsimile thereof shall be made available to the public for inspection at any time after an award is made; and (M) The approval of the division is required prior to shipment or performance when substitution of items, personnel, or services is proposed, unless otherwise specified in the contract.

(9) Minority and Women Business Enterprises. The division will encourage participation in the procurement process and (5/31/26) Denny Hoskins TRANSPORTATION COMMISSION TRANSPORTATION fairness in consideration of bids/proposals submitted by Minority Business Enterprises (MBEs) and Women Business Enterprises (WBEs). Programs/procedures designed to accomplish these objectives may include: inclusion of MBE/WBE subcontractor requirements in solicitation documents, close review of bond requirements, targeted notice of procurement opportunities, utilization of minority and women personnel on evaluation committees, etc.

(10) Bid Protest. A bid or proposal award protest must be submitted in writing to the director or designee and received by the division within ten (10) business days after the date of award. If the tenth day falls on a Saturday, Sunday, or state holiday, the period will extend to the next state business day. A protest submitted after the ten- (10-) business-day period shall not be considered.

(A) The written protest should include the following information:

1. Name, address, and phone number of the protester;

2. Signature of the protester or the protester’s representative;

3. Solicitation number;

4. Detailed statement describing the grounds for the protest; and 5. Supporting exhibits, evidence, or documents to substantiate claim.

(B) A protest which fails to contain the information listed above may be denied solely on that basis. All protests filed in a timely manner will be reviewed by the director or designee.

The director or designee will only issue a determination on the issues asserted in the protest. A protest that is untimely or fails to establish standing to protest will be summarily denied.

In other cases, the determination will contain findings of fact, an analysis of the protest, and a conclusion that the protest will either be sustained or denied. If the protest is sustained, remedies include canceling the award. If the protest is denied, no further action will be taken by the division.

(11) Award. A contract or purchase order is awarded based on the terms and conditions in the solicitation document.

The director’s discretion may be utilized in the evaluation of bids/proposals provided the evaluation categories and the relative percentage of impact are published in the solicitation document.

(A) Any bid/proposal failing to agree to, and comply with, all terms, conditions, and specifications stated in the solicitation document is considered nonresponsive to the solicitation and shall not be considered for the award of a contract or purchase order.

(B) The commission may reject all bids/proposals and may waive any minor informality or irregularity in a bid/proposal.

The commission also may make multiple awards from a single solicitation document when permitted by the solicitation document.

(12) Corrections to Bid/Proposal Documents. When preparing a bid/proposal, a bidder/offeror may correct an error by marking it out or erasing it. The change should be initialed by the person signing the bid/proposal. Alterations or amendments to bid/proposals cannot be made after the time and date specified for the opening of bids/proposals. In the case of errors in the extension of price, the unit price will govern.

(13) Cancellation of Solicitation. The division may cancel a solicitation document at any time without cause.

(14) New Supplies. All supplies and equipment offered and furnished must be new and of current production unless the solicitation document specifically permits the offer of used items.

(15) Rejection of Supplies. Products, equipment, or items delivered that do not meet the specifications of the contract may be rejected. When rejected, the vendor must make immediate replacement in accordance with the specifications of the contract.

(16) Inspection. All materials, equipment, and supplies may be inspected and tested by the department. Items that do not meet the specifications of a contract may be rejected. The contractor is not relieved of any liability under the contract if the division fails to reject upon receipt or after part or all of the items have been consumed.

(17) Services. Services which have not been performed in accordance with specifications or the scope of work of a contract may be rejected. The vendor is not relieved of any liability under the contract if the division fails to reject upon receipt or after part or all of those services have been performed.

(18) Assignment. A contractor must request permission from the commission, in writing, to assign a contract or order. The division, acting on behalf of the commission, will provide written permission, if the division agrees to the request.

(19) Arbitration. The commission, unless specifically agreed upon by the parties in writing, shall not be bound by a compulsory arbitration or other compulsory dispute resolution provision which is present in any of vendor’s forms or boilerplate.

RSMo 2016.* Original rule filed April 5, 1993, effective Oct. 10, 1993. Rescinded and readopted: Filed June 5, 2009, effective Jan. 30, 2010. Amended: Filed May 4, 2018, effective Dec. 30, 2018.

Amended: Filed March 3, 2022, effective Oct. 30, 2022. Amended:

Filed Nov. 7, 2025, effective June 30, 2026.

7 CSR 10-11.030 Vendor Suspension and Debarment {#sec-7-csr-10-11.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-11.030}

PURPOSE: This rule describes procedures for suspension and debarment of vendors.

(1) Suspension. The director, or director’s designee, may suspend a vendor for cause. A formal notice of suspension outlining the reasons for, the specific conditions of, and the effective period of the suspension, shall be mailed to the vendor. The director or designee may suspend a vendor whenever, in their sole discretion, it is in the best interest of the commission to do so. It is the responsibility of the vendor, upon completion of the suspension period, to request, in writing, reinstatement if desired.

(A) During suspension, bids/proposals submitted by a suspended vendor shall not be considered.

(B) The suspension of a vendor may be for a period of up to one hundred eighty (180) days for a first violation, and up to a year for subsequent violation(s).

(C) The vendor may appeal its suspension, in writing, within fourteen (14) calendar days after receiving the formal notice.

The written request to the director or director’s designee may include specific evidence and reasons why suspension is not warranted. On the basis of the information in the appeal, the suspension may be modified, rescinded, or affirmed by the director. The director’s final decision on the vendor’s appeal shall be mailed to all parties.

(2) Debarment. The director, or director’s designee, may debar a vendor for cause. A formal notice of debarment outlining the reasons for, the specific conditions of, and the actions necessary for the vendor to be eligible to contract again, shall be mailed to the vendor. The director may debar a vendor whenever, in the director’s sole discretion, it is in the best interest of the commission to do so. A vendor may be debarred for a single incident of serious misconduct or after multiple less serious incidents.

(A) During debarment, bids/proposals submitted by a debarred vendor shall not be considered.

(B) The vendor may appeal its debarment, in writing, within fourteen (14) calendar days after receiving the formal notice.

The written request to the director may include specific evidence and reasons why debarment is not warranted and is addressed to the director. On the basis of this information, the debarment may be modified, rescinded, or affirmed. The director’s decision on the vendor’s appeal will be mailed to all parties and is considered the final decision.

(3) The following shall be sufficient cause for suspension or debarment. The list is not meant to be all inclusive, but is a guideline for vendor discipline and business ethics.

(A) Failure to perform in accordance with the terms and conditions and requirements of any contract/purchase order;

(B) Violating any federal, state, or local law, ordinance, or

regulation in the performance of any contract/purchase order;

(C) Providing false or misleading information on an application, in a bid/proposal, or in correspondence to the department or a state agency;

(D) Failing to honor a bid/proposal for the length of time specified;

(E) Colluding with others to restrain competition;

(F) Obtaining information, by whatever means, related to a proposal submitted by a competitor in response to a solicitation in order to obtain an unfair advantage during the negotiation process; or (G) Contacting proposal/bid evaluators or any other person who may have influence over the award, without authorization from the division, for the purpose of influencing the award of a contract.

RSMo 2016.* Original rule filed April 5, 1993, effective Oct. 10, 1993.

Rescinded and readopted: Filed June 5, 2009, effective Jan. 30, 2010. Amended: Filed May 4, 2018, effective Dec. 30, 2018.

Chapter 12 Scenic Byways

7 CSR 10-12.010 Scenic Byways {#sec-7-csr-10-12.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-12.010}

PURPOSE: This rule implements section 226.797, RSMo where the Missouri Highways and Transportation Commission is authorized to create a state system of scenic byways.

(1) The Missouri Highways and Transportation Commission (commission) may designate a road or highway under its jurisdiction as a scenic byway based upon consideration of the factors in section 226.798, RSMo.

(2) If the commission designates a road or highway under its jurisdiction as a scenic byway, it may implement protective measures to preserve and protect the designated road which may include:

(A) Acquisition of scenic easements;

(B) Controlled access; and (C) Landscaping.

(3) The commission may remove any road or highway under its jurisdiction from the state system of scenic byways after consideration of the factors outlined in section 226.798, RSMo and determination that the road or highway no longer merits designation as a scenic byway.

Filed Oct. 6, 2017, effective May 30, 2018. *Original authority: 226.020, RSMo 1939; 226.130, RSMo 1939, amended 1993, 1995; 226.797, RSMo 1990; 226.798, RSMo 1995; 226.799, RSMo 1995; and 227.030, RSMo 1939.

History

• AUTHORITY: sections 226.020, 226.130(2), 226.797–226.799, and 227.030, RSMo . Emergency rule filed April 5, 1993, effective April 15, 1993, expired Aug. 3, 1993. Emergency rule filed July 30, 1993, effective Aug. 9, 1993, expired Nov. 29, 1993. Original rule filed April 5, 1993, effective Dec. 9, 1993. Amended: Filed Jan. 9, 2014, effective Aug. 30, 2014. Amended:

7 CSR 10-12.020 Application Procedures {#sec-7-csr-10-12.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-12.020}

PURPOSE: This rule provides the public with the application procedures necessary to nominate a road or highway for scenic byway designation.

(1) Eligibility. Any agency, group, or individual may nominate a road or highway for scenic byway designation by following the application procedures provided below. This includes the Missouri Department of Transportation and the Scenic Byway Advisory Committee described in 7 CSR 10-12.030(3).

(2) Application. Information on the application submission process and the information to be included in an application can be found on the Missouri Department of Transportation website at http://www.modot.org/scenicbyways/ or by sending a written request to the Missouri Department of Transportation, Attention:

Scenic Byways Advisory Committee, PO Box 270, Jefferson City, MO 65102.

(A) The application should include a detailed description of the proposed location and relevant historic significance, including points of interest of the proposed byway, including:

1. Cultural/historical/archeological;

2. Recreational resources;

3. Natural or scenic resources;

4. Seasonal aspects (fall foliage, etc.); and 5. Special events which occur along the route.

(B) Each application should include a corridor management plan that provides the community’s vision of the proposed byway and outlines a process of commitment to specific strategies and actions to manage the route over time.

1. Guidelines for preparing a corridor management plan can be obtained from the Missouri Department of Transportation.

2. An action plan should be included in the corridor management plan. This action plan should provide general goals for a five- (5-) year period and more specific goals for the first year. This action plan should include timelines and schedules for the following:

A. Protection for the maintenance of points of interest, scenic, and historic qualities of the proposed byway;

B. Proposed improvements or developments along the route and any promotional or marketing activities;

C. Proposed public involvement allowing for local participation in the development of the corridor management plan; and D. Availability of financial resources with which to upgrade, develop, promote, and otherwise make the scenic corridor available for its intended uses. If no funding is currently available, indicate how the applicant plans to locate funding sources.

Filed Jan. 9, 2014, effective Aug. 30, 2014.

Amended: Filed Oct. 6, 2017, effective May 30, 2018. *Original authority: 226.020, RSMo 1939; 226.150, RSMo 1939, amended 1977; 226.797, RSMo 1990; 226.798, RSMo 1995; and 226.799, RSMo 1995.

History

• AUTHORITY: sections 226.020, 226.150, 226.797, 226.798, and 226.799, RSMo 2016 and section 1047 of the Intermodal Surface Transportation Efficiency Act of 1991, P.L. 102-240. Original rule filed April 10, 1996, effective Oct. 30, 1996. Amended:

7 CSR 10-12.030 Nomination Review Process {#sec-7-csr-10-12.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-12.030}

PURPOSE: This rule provides the public with the steps involved in reviewing nominations for designating a route as a scenic byway.

(1) Initial Screening. The Missouri Department of Transportation is responsible for the initial screening of all nomination application packages. The completeness and accuracy of the application and the zoning of the proposed byway is reviewed.

(A) If any deficiencies in the application are discovered, the applicant is notified by the Missouri Department of Transportation and has ninety (90) days to resubmit the corrected application.

(B) If the application package appears complete, the Missouri Department of Transportation shall:

1. Send a letter to all affected governing bodies in the proposed byway area informing them of the nomination and requesting zoning information and a letter of intent; and 2. Compile a report on the proposed byway including traffic, accident, and other pertinent safety data.

(2) Scenic Byways Advisory Committee (SBAC) Review. The application package of the nominating organization, the data report compiled by the Missouri Department of Transportation, and the letters of intent from the affected governing bodies are then presented to the SBAC for their preliminary review.

(3) SBAC. The SBAC consists of a member from each of the following:

(A) The Missouri Division of Tourism;

(B) The Missouri Department of Conservation;

(C) The Missouri Department of Natural Resources;

(D) The Missouri Outdoor Advertising Industry;

(E) The Missouri Department of Transportation;

(F) The American Automobile Association;

(G) The University of Missouri-Historic Preservation;

(H) Scenic Missouri, Inc.;

(I) Missouri Chamber of Commerce; and (J) Missouri Retailers Association.

JOHNR. ASHCROFT(4/30/18)

(4) Evaluation of Scenic Qualities. The SBAC evaluates the following qualities regarding scenic byway nomination in its initial review:

(A) Significant scenic, natural, historical, cultural, or recreational resources in the proposed byway area;

(B) Adequate land area to accommodate safe enjoyment of scenic attractions including a review of accident rates;

(C) Compatibility of the scenic byway with recreational, aesthetic, and environmental management needs of the area; and (D) Presence of existing protected areas adjacent to the proposed byway such as national forests, federal, or state parkland.

(5) Rating Scale. This evaluation includes results of a matrix rating scale used for prioritization of proposed scenic byways. This rating scale is available from the Missouri Department of Transportation, Attention:

Scenic Byways Advisory Committee, PO Box 270, Jefferson City, MO 65102, or by visiting http://www.modot.org/scenicbyways/.

(6) SBAC Recommendation. Following initial review, SBAC shall then either— (A) Recommend forwarding the proposed byway application to the next step of the nomination process; or (B) Notify applicant of needed corrections.

The applicant has ninety (90) days from receipt of notification to resubmit the corrected application.

(7) Notice of Intent. Upon SBAC recommendation, the Missouri Department of Transportation provides written notice of its intent to designate the road or highway as a scenic byway to newspapers of general circulation in the area(s) affected and to the governing body of each county and each municipality that has jurisdiction over all or part of the route.

(A) Within thirty (30) days following notice, the governing body of each county or municipality shall conduct a public hearing on the matter.

(B)

Within ninety (90) days after the receipt of the notice from the department, each governing body of each county or municipality, after such hearing, shall approve or reject the proposed byway designation, notify the Missouri Department of Transportation of its approval or rejection, and submit a summary of the public hearing to the Missouri Department of Transportation.

(C) Support from all governing bodies is necessary for the nomination process to continue. If the proposed byway is under the joint jurisdiction of two (2) or more municipalities, or one (1) or more municipalities and one (1) or more counties, or two (2) or more counties, scenic byway designation for that portion of the route cannot occur until the governing bodies of all affected municipalities and the county commissions of all affected counties approve of such designation.

(8) Final SBAC Review. SBAC is responsible to review all information including the application package and summary of the public hearing prior to making a final recommendation.

(A) If the nomination is approved, the proposed byway is presented to the Missouri Highways and Transportation Commission for final approval and official designation as a scenic byway; or (B) If the nomination is not approved, SBAC notifies the applicant of deficiencies and the applicant has ninety (90) days to correct such deficiencies.

(9) Approval or Rejection by Commission.

The final step in the nomination process is to receive approval or rejection from the Missouri Highways and Transportation Commission. The commission may, by commission minute, approve the designation of the road or highway as a scenic byway if the commission determines the road or highway will promote a continuous system of scenic byways for the public health and welfare. If the commission rejects such nomination, the applicant is given ninety (90) days after receipt of the commission’s rejection to correct any deficiencies in the nomination.

(10) Agreement Following Designation. After official designation as a scenic byway by the Missouri Highways and Transportation Commission, a written agreement between the commission and affected governing bodies is required and includes:

(A) Provision for protection of scenic qualities or features;

(B) Provision for signing;

(C) Requirements for removing byway from system; and (D) Route maintenance responsibilities.

(11) Signs. The Missouri Department of Transportation manufactures and installs standard signs along all state scenic byways.

Additional signs may be purchased and installed by affected governing bodies subject to department approval.

(12) Outdoor Advertising. Upon official designation by the commission, no new advertising devices which are visible from the highway may be erected, except the following exceptions provided in section 226.520, RSMo:

(A) On-premises advertising devices;

(B) Tourist-oriented directional and other official signs; and (C) Advertising devices located in areas zoned commercial or industrial which are segmented as nonscenic.

(13)

Periodic Review. Designated byways are subject to periodic review by the Missouri Highways and Transportation Commission with emphasis on the implementation of measures to ensure maintenance and enhancement of their scenic, historical, cultural, recreational, and natural features. Failure to maintain and protect the scenic appearance of a byway may result in termination of official designation by the commission.

Amended: Filed Jan. 9, 2014, effective Aug. 30, 2014. Amended: Filed Oct. 6, 2017, effective May 30, 2018. *Original authority: 226.020, RSMo 1939; 226.150, RSMo 1939, amended 1977; 226.797, RSMo 1990; 226.798, RSMo 1995; 226.799, RSMo 1995; and 226.801, RSMo 1995.

4CODE OF STATE REGULATIONS

(4/30/18) JOHNR. ASHCROFT

History

• AUTHORITY: sections 226.020, 226.150, 226.797, 226.798, 226.799, and 226.801, RSMo 2016 and section 1047 of the Intermodal Surface Transportation Efficiency Act of 1991, P.L. 102-240. Original rule filed April 10, 1996, effective Oct. 30, 1996.

Chapter 13 Plant Collection from Right-of-Way

7 CSR 10-13.010 Permit Specifications for Removal of Plants {#sec-7-csr-10-13.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-13.010}

(Rescinded September 30, 2018)

Rescinded: Filed Feb. 9, 2018, effective Sept. 30, 2018.

JOHNR. ASHCROFT(8/31/18)

History

• AUTHORITY: sections 227.030 and 229.475– 229.479, RSMo (1994). Original rule filed June 11, 1996, effective Dec. 30, 1996.

Chapter 14 Adopt-A-Highway Program

7 CSR 10-14 .040 Agree me nt ; Re spons ibiliti es of Ado pter and Commission {#sec-7-csr-10-14 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-14}

PURPOSE: This rule provides terms of the written agreementbe tween the adopter and the comm ission.

(1) Ifan application is appro ved by the com mi ssion, theadopter or adopter representa tive shall execute awr itte nagre ement with the commission ,and upon signin gby both partie s, the agreement becomes eff ectiv eand provides for the individual’ sor group’ spar ticipation in the program.

(2) Responsibilities of Adopter. The adopter shall— (A) Abide by all pro visions contained in the agr eement and any othe rterms and con ditions asrequ ired by the department or com mi ssion ;

(B) Provid eto the commission the name and comp let e ma iling address , inclu ding str eet address ,of the adopte rreprese ntative and notify the commission within thirty (30) days of any change of the adopter repre senta tive’s name or add ress;

(C)Abi de by all safety requirements as listed in the departme nt’s safe ty brochure;

(D)Have the adopter, if the adopter is one individual, or the adopt er repr esentat ive atten d a safety briefing conducted by the departme nt and obtain safety meeting mater ials, inc luding but not limited to a safe ty video, provided by the department, before participa tion in the initial program activity;

(E)Hav eall members of the group partic ipating in the program activity attend asafe ty meet ing conducted by the adopter repre sentative that include s, but is not limited to, viewin g the safet y video provide d by the departme nt, before par ticipation in the initial program activity;

(F)Properly use all saf ety equipmen tpro vided by the department and perfor m the wo rk in asafe ,responsible, and professional manne r;

(G)Provide one (1) adult supervisor for every eight (8) participants between thirteen and seventeen (13– 17) years of age and one (1) adult supervisor for every four (4) partic ipants betwee nten and twelve (10–12) years of age .No one under the age of ten (10)will be allowed to participate in the program;

(H)Adopt asection of highwa yright-of way for aminimum of three (3) years and submit a new application ever y three (3) years if theadopter wants to continue par ticipation in the progra m;

(I) Collec tlitter along the adopted section four (4) times ayear, or as required by the commission;

(J)Adopt for litter pickup aminimum of two (2) mile sinrural are as and one-half (1/2) mile in urban areas. Shor ter lengths may be permissib le in spe cial circums tances;

(K)Re stri ct program activities to the areas of right-of-way outs ide the pave men t and shoulder areas;

(L)Perform program activity between the hours of one (1) hour after sunrise to one (1) hour before sunset and not dur ing inclement weather;

(M)Prohib it participants from pos sess ing, cons uming, or being under the inf luence of alco holor drug swhile par ticipating in the program activity ;

(N)Place litter in tras hbags provided by the department and place filled trash bags at adesi gnated location;

(O)Sepa rate tire s, batter ies and other trash as neede dforproper dis posal according to local landf ill requirements ;

(P)Indemnify and hold harmless the com mis sion and depa rtment and their officers , employe es and agen tsfrom any claim, lawsuit or liability which may arise from adopter ’s participa tion inthe program or as provided by the law;

(Q) Notify the commiss ioin for disposal of filled litte rbags as soon as possible after litter pickup ;

(R) Submit to the commis sion within five (5) work ing days of any program activ ity, the followin ginforma tion: 1) the adopter’s name;

2. the dateof the program activity; 3) the total hou rs inv olved in the progr am activity;

3. total volunteers involved inactivity; and 5) the tota lnumber of bags of trash picked up.

This inform ation can be provided by calling or e-mailing the commiss ion representative ide ntifie don the agreement, or by filling out and ma iling the activity report form provided by the dep artment or pos ting the activity rep ort on the website. This information will enable the department to mo nitor the pro gra m’s succe ss;

(S) Not subcon tract or ass ign its respons ibilities under this program toany other enter prise, organiz ation, or individual unless assignee is also eligible to adopt; and (T) Not decorate or alter the signs.

(3) Res ponsi bil iti es of Commissio n. The commission will— (A) Determine the specific section of rightof-w ay that is to be adopted;

(B) Except as provided for in 7CSR 10- 14.050, install and maintain signs, if des ired by the adopter, atboth ends of the adopted sec tion ;

(C) Pro vide the adopter with trash bags;

(D) Pro vide asafety briefing and safety ma teria ls to the adopter which includes but is not limited to a saf ety video and safety brochu re;

(E)Provide the adopter with safety equip me nt; and (F)Remove and dispose of filled tra sh bags from the adopted section assoon as practical after the litter pickup is finis hed.

AU THORITY:sec tions 226.130 and 227.030, RSMo 2000.* Original rule filed Feb. 15, 199 5, effective July 30, 1995. Emergenc y amendme nt filed Feb. 8, 2000, effec tive Feb. 18, 200 0, expired Aug. 15, 2000. Amended:

Filed July 10, 20 00, effe ctive Jan. 30, 2001.

Ame nd ed: Filed Jan. 7, 2002, effective Aug. 30, 200 2. Amended:Filed Jan. 12, 2006, effective Aug. 30, 20 06. *Origin al authority:226 .1 30, RS Mo 1939, amend ed

7 CSR 10-14.050 Sign {#sec-7-csr-10-14.050 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-14.050}

PURPOSE: Th is rule pr ovides the specifica tion s of the signs used in the Adopt-A-Highway Pro gram.

4COD EOF STATE REG ULA TIONS

(7/31 /06) ROBINCARNAHAN

Secretary of St ate 7CSR 10-14—DEPARTMENT OF TRANSPORTATIONTr an sport ati on Commission (1) The sig ns shall— (A) Identify the adopter or, subje ct to the approval of the commis sion, may ide ntify an individual in wh ose memor ytheadoption is being mad e;

(B)Be design ed by the depa rtment asto size ,col or, and text; and (C) Have the actual name of the adopt er, or individu al in whose memory the adoption is being made, with no tele phone numbers, logos, slogans ,dates or addre sses ,inc luding Interne taddresses, with ver biage kept to a min imum.

(2) The signs shall not conta inwording that is obscene, profan e, or sexually sugge stive or imp liesan obscen ity,prof anity or sex ual con tent.

(3) Signs are not intended to be anadvertis ing me dium or serve asame ans of providing apublic forum for the participants.

(4) The signs shall not be altere dor decorat ed by the ado pter at any time.

(5) The erection of asign isnot arequirement for part icipatio nin the progra m. If, during the len gthof the agre ement, asign is dam aged, destroyed ,stolen, or removed from its foun dation by an act of vandalism, the depar tment will erect asingle replace me nt sign at department cost. The repairand reinstallation of arem oved sig niscounted as arepla cement sign ere ction. If the repla cement sign is dam aged, destroyed, stole nor removed from its foun dation by an act of vandalism, the depar tment will erect asecond replac ement sign at department cost. If the sec ond repla cement sign is dam aged, destr oyed, stole n, or remove dfrom its foundation by anactof van dalism, the department will remove the sign from the premises if still pres ent, and no fur ther sign will beere cted.

(6) Two (2) sign swill be erecte dfor each adop ter, one at each end of the adopted sec tion ,atalocation deter mined by the depart ment.

Filed July 10, 2000, effe ctive Jan. 30, 2001.

Amended: Filed Ja n. 7, 2002, effective Aug. 30, 2002. Amen ded: Filed Jan. 12, 2006, eff ective Aug . 30, 2006. *O rigin al authority:226.130,RSMo 1939, amended 7 CS R 10-14.060Modificationor Termination of the Agreement PUR PO SE: This rule provides for the com mission to term inate or modify the program agreeme nt.

(1) The agre ement may be modified or termi nated atthe discretion of the director, chief engi neer, chi ef financial and adminis trative offi cer, dire ctor of systsem mana gement, or state ma intenanc eengine er.

(2) The dire ctor, chief engineer ,chie ffinan cial and administrative officer, director of system manag ement, and state maintenanc e engi neer reserve theright to terminate the prog ram agreemen t and remove the signs when it is found that:

(A) Co ntinuing the agre ement would be counterproduc tive to the program’ spurpose, or have undesira ble results such as increas ed litter or vandalism or would jeopar dize the saf ety ofthe participants ,traveling public or departme nt emplo yees;

(B) The adopter is not meeting or has not met the terms and conditions of the agree ment or anyof the requir ements set forth in 7 CSR 10-14.03 0–7 CSR 10-14.050; or (C) Actions of the adopter may be contrary to any legislative res trictions or any restric tions on the use of appropriated fun ds for poli tical activities.

(3) After three (3) years of participatio nin the program, an adopter ma yterminate the agr eemen tupon notice to the commis sion.

Filed Jan. 7, 2002, effective Aug. 30, 20 02.

Amended :Filed Jan. 12, 2006, effective Aug. 30, 200 6. *O riginal authority:226 .13 0, RSMo 1939, amended

History

• AUTHORITY:sections 226.130 and 227. 030, RSMo 200 0. Original rule filed Feb. 15, 1995, eff ectiv e July 30, 1995. Em ergenc y amendme nt filed Jul y 10, 2000, effec tive July 20, 2000, expired No v. 17, 2000. Amended:
• AUTHORITY:se ctions 226.130 and 227.030, RSMo 2000. Original rule filed July 10, 2000, effectiv e Jan. 30, 200 1. Amended:

Chapter 15 Contractor Prequalification

7 CSR 10-15.010 Prequalification to Bid of Certain Contractors {#sec-7-csr-10-15.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-15.010}

PURPOSE: This rule implements the requirements set forth in

section 227.105, RSMo, concerning the prequalification of certain contractors to bid for highway projects with an estimated cost in excess of two million dollars.

(1) Definitions.

(A) The following definitions apply to this rule:

1. “Commission” means the Missouri Highways and Transportation Commission and all its members, jointly and severally;

2. “Department” means the Missouri Highways and Transportation Department, which may also be commonly referred to as the Missouri Department of Transportation. “Department” includes the chief engineer and all other officers and employees of the department, unless the text of this rule clearly indicates a contrary construction is intended;

3. “Chief engineer” means the chief engineer of the department; or if that position is vacant, then it means the assistant chief engineer;

4. “Highway project” means any type or combination of excavation, construction, demolition, maintenance, fabrication, paving, dredging, repair, erection, electrical, landscaping, seeding and mulching, erosion control, installation, manufacturing, transportation, or other work done under a contract with the commission or department on or for any existing or proposed road, highway, or bridge in the Missouri state highway system;

5. “Contract” means a written agreement between a contractor and the commission or department, including, but not limited to, a purchase order or similar writing. A contract may include two (2) or more different highway projects as part of a required or permissive combination; and 6. “Cost estimate” means the contractor’s own estimate, in the form of a complete and responsive bid, submitted by a contractor for a highway project.

(B) For purposes of this rule, work performed for or under contract with the commission is also performed for the department, and work performed for or under contract with the department is also performed for the commission. The term “work” shall be construed liberally in determining whether work has been performed for the department or commission. Work performed as a subcontractor on a project for the department or commission shall be deemed work performed for the department.

(C) For purposes of this rule, bids opened by the department are deemed to be opened by or for the commission as well, unless the circumstances clearly require a contrary conclusion.

(2) Application of this Rule.

(A) This rule applies to a contractor which intends to or does submit a bid (or cost estimate) for any one (1) highway project, whether that highway project is bid separately or in combination with any other highway project(s).

(3) Contractor Prequalification Required to Submit Bid, When— (A) The department shall not accept any bid (or cost estimate) for a single highway project (whether it is bid individually or in combination with others), which bid is submitted by a contractor, unless the department has determined that the contractor is prequalified, under this rule, to bid; and (B) A bid (or cost estimate) on any highway project submitted by a contractor which is not prequalified under this rule shall not be accepted by the department or commission. Acceptance by the department or commission only occurs if the highway project bid by the contractor is received, opened, and the total bid publicly posted by the department. If the department inadvertently errs in accepting a bid on a highway project which it should not have accepted under this rule and section 227.105, RSMo, the department, prior to any contract award, shall notify all contractors which bid on that highway project and the commission of the erroneous acceptance of the bid from a contractor which was not properly prequalified under this rule, showing that the matter has been corrected, and that action shall render null and void the prior erroneous bid acceptance.

(4) Contractor Prequalification Responsibility.

(A) Contractor (which, with reference to a partnership or joint venture, includes all component contractors jointly and severally) must supply the following information to the satisfaction of the department, on a prequalification contractor questionnaire form obtained from the department, in order to become prequalified to bid on any highway project:

1. The type(s) of highway project in which the contractor desires to be prequalified. A contractor may apply to be prequalified in any one (1), more than one (1), or all types of highway project work. For the purposes of this rule, the various general highway project work types are— A. Earthwork, including excavation, fill, grading, hauling, wasting, compaction, and/or landscaping, including signing and signaling and other related work;

B. Bituminous pavement, including signing and signaling, guardrails, shoulders, and other related work;

C. Portland cement concrete pavement, including signing and signaling, guardrails, shoulders, and other related work;

D. Bridges, culverts and other similar structures, including signing and signaling, guardrails, shoulders, and other related work; and E. Other miscellaneous highway project types of work (which the contractor must describe specifically);

2. The contractor’s experience in performing the type(s) of highway project for which prequalification is requested. The contractor must include the construction experience of the contractor’s key personnel necessary to complete the type(s) of highway project designated;

3. The contractor’s ability to complete the type(s) of highway project that the contractor has requested to be prequalified in. At a minimum, this shall include a showing of the contractor’s ability to complete highway projects in a timely manner, by furnishing to the department a listing of all projects completed within the last five (5) years similar to the type(s) of highway project that the contractor requests prequalification on;

4. A contractor requesting to be approved to bid on highway projects in excess of two (2) million dollars must submit a signed and notarized document from the contractor’s surety bonding company or broker, stating the type(s) of highway projects (as designated above) for which that company or broker will issue a performance and payment bond in an amount in excess of two (2) million dollars, to cover the highway project work and debts of that contractor;

(6/30/25) Denny Hoskins TRANSPORTATION COMMISSION TRANSPORTATION 5. The contractor shall confirm they can obtain insurance coverage. The contractor shall obtain the required types and amounts of insurance required by the commission and

section 227.105, RSMo, with the required endorsements, prior to commencing work if the contractor is awarded a highway project contract;

6. The contractor’s designation of a Missouri resident individual or firm as its agent for the receipt of legal process.

This designation must include the complete name, street and mailing address, and phone number of that designated agent;

7. The contractor’s listing of all current work in progress, whether or not the work is a highway project. This listing shall include the total value of all such work not yet completed, and the contract and estimated actual completion dates of these projects;

8. The equipment that the contractor has available for the type(s) of highway project for which prequalification is requested. For the purposes of this rule, equipment is available if the contractor currently owns, rents, or leases that equipment, or if the contractor has the present ability to rent, lease, or purchase such equipment so that it is available for use on such designated type(s) of highway project. The designation of available equipment shall include a specific list of all equipment available to perform the type(s) of highway project work designated for prequalification; and 9. Where practical, the contractor shall provide from its highway project surety bonding company copies of records from the most recent audit issued of that company (and not the brokerage company which merely sells the surety bonds issued by another company). Audit report documents and records from independent public accounting or certified public accountant (C.P.A.) firms are preferred, rather than internal bonding company audits. This information should indicate the general financial stability of the surety bonding company the contractor anticipates using to bond its highway projects in Missouri. If the bonding company is listed in the “United States Department of the Treasury, Fiscal Service, Department Circular 570, Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” and is authorized to issue surety bonding instruments in Missouri, only a photocopy of the bonding company’s audit assets and liabilities balance sheet is necessary. The department prefers that the bonding company electronically submit these audit record copies directly to the Construction and Materials Division. If it is not practical to obtain or submit these documents from the surety bonding company’s most recent audit, a complete and detailed explanation of why it is not practical to provide that information at present, when that information will be provided to the department, or why that information is not necessary to be provided must be submitted in lieu thereof, with supporting documentation. The department will determine if the justification for why it is not practical to obtain or submit the bonding company audit information is satisfactory.

(B) Submitting the Prequalification Contractor Questionnaire to the Department.

1. The prequalification contractor questionnaire must be completed fully and accurately, signed by a representative of the contractor with the authority to sign on the company’s behalf or their designee. The prequalification contractor questionnaire must be submitted electronically to the Construction and Materials Division so that it is received by the appropriate departmental staff no less than seven (7) calendar days prior to the date and hour of the published letting date.

2. The prequalification contractor questionnaire may be obtained on the department's website and must be electronically submitted to the Construction and Materials Division at the email address provided on the department’s website.

(C) If the contractor fails to electronically submit the completed form to the department within this specified time frame, or does not submit any form at all, the contractor shall not be allowed to bid on any highway project.

(5) Departmental Review and Contractor Prequalification.

(A) Once the department receives the complete electronic form from the contractor, the department will review the prequalification contractor questionnaire form for accuracy and completeness, and will verify such information contained or attached to the form as the department deems appropriate.

The department’s review of the contractor’s form will be conducted by the unit or staff designated by the chief engineer.

(B) If, in the discretion of the designated staff of the department, the contractor’s prequalification contractor questionnaire and attachments show that the contractor should be qualified to bid on highway projects of the type(s) the contractor has requested prequalification for, the department will notify the contractor electronically. The contractor may also contact the department by phone or email to confirm that its prequalification contractor questionnaire has been approved.

(C) If, in the discretion of the designated staff of the department, the contractor’s prequalification contractor questionnaire and attachments do not show that the contractor is qualified to bid on any one (1) or more of the type(s) of highway project for which the contractor has requested prequalification, that departmental staff shall notify the contractor applicant electronically that the application is still undergoing review, and shall refer the matter to the chief engineer; or if the chief engineer is unavailable, the assistant chief engineer; or if they are unavailable, to the appropriate division engineer.

That individual shall make the final administrative decision on behalf of the department, as to whether the contractor is or is not prequalified to bid on any or all types of highway projects for which prequalification is requested. That individual shall act no later than twenty-one (21) calendar days after the date the completed prequalification contractor questionnaire with all attachments was received. The contractor applicant shall be notified electronically of the final administrative decision.

(D) If a contractor is dissatisfied with the final administrative decision made by the department on its prequalification contractor questionnaire, the contractor may request in writing, or electronically, within twenty-one (21) calendar days of the date of receiving the final administrative decision by the department that the commission review the final administrative decision made by the department. A contractor is not obligated to seek commission review in order to preserve its rights. Any request for commission review shall be made to— Commission Secretary Missouri Highways and 105 West Capitol Avenue PO Box 270 Jefferson City, MO 65102-0270 MHTC@modot.mo.gov The request for review shall state specifically and completely the legal and factual basis upon which the contractor believes its prequalification application was denied in error. At the commission’s sole discretion, the commission shall decide if TRANSPORTATION TRANSPORTATION COMMISSION it wishes to review the final administrative decision. If the commission elects to review that decision, it shall make its review when it deems best, upon the records and documents in the possession of the department. There will be no further briefing, personal appearance, argument, or presentation to the commission by the contractor or its representative, agent, or attorney. The commission’s decision on that record shall supersede the prior decision of the department, and shall then constitute the final administrative decision. If the commission elects in its sole discretion to not review the department’s decision, then that administrative decision shall stand as the final administrative decision.

(E) A contractor which was denied prequalification to perform any type of highway project may reapply for prequalification for that or other types of highway projects in sixty (60) calendar days or more from the date of the final administrative decision by the department (or commission), or when the circumstances which caused the denial have changed significantly, whichever is less. If the contractor reapplies on the basis of a significant change of circumstances, a complete explanation and supporting documentation showing the significant change of circumstances must be attached, in addition to all other information and documentation required by this rule.

(F) The department and commission will not entertain appeals, requests for reconsideration, or other objections from any third parties that a contractor was prequalified wrongfully or improperly.

(6) Effect of Contractor Prequalification.

(A) The contractor shall be entitled to bid on all highway projects for which it is prequalified to bid by the final administrative decision of the department (or where applicable, the commission). If the contractor bids on any highway project for which it has not been prequalified, its bid may be rejected.

(B) A contractor remains prequalified if they have been awarded a contract by the commission in the last twelve (12) months. The contractors that remain prequalified must review a verification report to ensure the contractor information on file is accurate and current. The verification report will be sent from the department electronically to the email address on file on an annual basis. If no information needs to be changed, the contractor must sign and electronically submit, as noted in paragraph (4)(B)2. The verification report must be signed by a representative of the contractor with the authority to sign on the company’s behalf or their designee. The verification report must be received on or before the expiration date to extend their prequalified status by one (1) year. If there is a lapse of time, or information needs to be updated, a new prequalification contractor questionnaire should be completed in its entirety and electronically submitted for review.

(C) A contractor remains prequalified for a period of one (1) year from the date of approval if not successfully awarded a contract by the commission.

(7) Miscellaneous Provisions.

(A) All information submitted by a contractor, its bonding company or others to the department relevant to a determination of minimum qualifications to bid under section 227.105, RSMo, and all information used by the department to determine the contractor’s prequalification to bid under that statute and this rule, is protected from disclosure pursuant to the provisions of that statute and section 610.021, RSMo.

(B) The provisions of this rule are intended to be severable.

If any provision is found by a court of competent jurisdiction to be invalid, unlawful, or unconstitutional, the remaining provisions of the rule are intended to be valid unless the court finds the valid provisions of the rule are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed the commission would have promulgated the valid provisions without the void one; or unless the court finds that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the commission’s intent or with section 227.105, RSMo.

rule filed Aug. 15, 1996, effective Aug. 28, 1996, terminated Nov. 22, 1996. Emergency rule filed Nov. 12, 1996, effective Nov. 22, 1996, expired March 31, 1997. Original rule filed Aug. 15, 1996, as 7 CSR 10-15.900, changed to 7 CSR 10-15.010, effective Feb. 28, 1997.

Amended: Filed Dec. 8, 2016, effective July 30, 2017. Amended:

Filed Dec. 6, 2024, effective July 30, 2025. *Original authority: 226.130, RSMo 1939, amended 1993, 1995, and 227.105, RSMo 1996.

History

• AUTHORITY: sections 226.130 and 227.105, RSMo 2016. Emergency

Chapter 16 Rest Areas

7 CSR 10-16.010 General Information 1996, effective Feb. 1, 1996, expired July 29, 1996. Original rule filed Jan. 16, 1996, {#sec-7-csr-10-16.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-16.010}

7 CSR 10-16.020 Definitions {#sec-7-csr-10-16.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-16.020}

PURPOSE: This rule provides definitions of terms used in 7 CSR 10-16.020 through 7 CSR 10-16.050. 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) Definitions. When used in administrative rules 7 CSR 10-16.020 through 7 CSR 10- 16.050, these words and phrases have the following meaning:

(A) “Commission” - the Missouri Highways and Transportation Commission, and where appropriate, its authorized agents and representatives in the Missouri Department of Transportation;

(B) “Licensee” - a public agency or private not-for-profit entity which contracts with the commission;

(C) “License fee” - the fee charged by the commission’s licensee to a publisher or the publisher’s agent to lease space in a commission publication vending machine;

(D) “Publication” - a newspaper, pamphlet, newsletter, or magazine printed and distributed to convey news and information or other matters of public interest, which may include advertisements;

(E) “Publication vending machine” or “machine” - the device owned and installed by the commission, at its own discretion, at rest areas which is capable of holding one (1) or more publication vending machine bins;

(F) “Publication vending machine bin” or “bin” – the individual units owned and installed by the commission for a publisher to distribute a single publication;

(G) “Publisher” - any person who has paid a license fee to the commission’s licensee to lease a bin to distribute its publication; and (H) “Rest area” - a commission roadside facility along a Missouri interstate highway with parking facilities for the rest, safety, or other needs of motorists. This term includes the facilities described in sections 226.750 through 226.790, RSMo, and in Title 23, United States Codesection 111(b). Title 23 U.S.C. section 111(b) is incorporated by reference into and made a part of this rule as published by the United States Superintendent of Documents, 732 N Capitol Street NW, Washington, D.C. 20402-0001, website: http://bookstore.gpo.gov on January 1, 2012. This rule does not incorporate any subsequent amendments or additions to the United States Code in 23 U.S.C. 111(b). This term also includes any commission-designated welcome center facility.

752. Emergency rule filed Jan. 19, 1996, effective Feb. 1, 1996, expired July 29, 1996.

Original rule filed Jan. 16, 1996, effective July 30, 1996. Rescinded and readopted:

Filed July 2, 2010, effective Feb. 28, 2011.

Amended: Filed Feb. 9, 2018, effective Sept. 30, 2018.

7 CSR 10-16.025 Public Information {#sec-7-csr-10-16.025 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-16.025}

PURPOSE: This rule provides guidelines to interested persons regarding the placement and licensing of publication vending machine spaces on interstate highway rest areas for distribution of publications to the public.

(1) Section 8.710, RSMo, provides jurisdictional rights to regulate and administer vending on state of Missouri property through the Department of Social Services, Family Support Division, Rehabilitation Services for the Blind.

(2) 7 CSR 10-16.020 through 7 CSR 10- 16.050 apply if Rehabilitation Services for the Blind declines to exercise its right to regulate and administer vending of publications in rest areas. However, the commission itself may not operate any commercial vending machines or other commercial facilities in rest areas, as provided in section 226.790, RSMo.

(3) Information regarding publications vending operations in machines on rest areas may be obtained in person, or by writing, or phoning the General Services Director, General Services Division, Missouri Department of Transportation, PO Box 270, Jefferson City, MO 65102-0270. The phone number of the division director is (573) 751-1650.

752. Original rule filed July 2, 2010, effective Feb. 28, 2011. Amended: Filed Feb. 9, 2018,

7 CSR 10-16.030 Eligibility Criteria 1996, effective Feb. 1, 1996, expired July 29, 1996. Original rule filed Jan. 16, 1996, {#sec-7-csr-10-16.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-16.030}

7 CSR 10-16.035 Commission Responsibilities and Requirements {#sec-7-csr-10-16.035 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-16.035}

PURPOSE: This rule provides the commission’s responsibilities and requirements for the placement of publication vending machines on interstate highway rest areas for distribution of publications to the public. 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 refer ence 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) Location of Bins and Machines. In order to ensure the safety of patrons of rest areas, to protect the physical integrity of the rest area building and facilities, and to provide for the general aesthetics of the rest areas, only publication vending machines owned and installed by the commission are permitted at a rest area. The commission, in its sole discretion as provided in 7 CSR 10-16.020 through 7 CSR 10-16.050, will provide and install publication vending machines in easily accessible locations on the exterior near doors of the rest area buildings. Only one (1) publication will be dispensed in each bin.

(2) Procedures for Noncompliance with Rules.

(A) Noncompliance. The following are identified as a publisher’s noncompliance with these rules:

1. Installation of noncommission equipment for purpose of publication distribution;

2. Failure to pay required license fee(s);

3. Damage to commission bin(s) and/or machine(s); or 4. Failure to pay the cost of the commission’s remedial action(s).

(B) Notice of Violation and Commission Remedial Action. The commission, in its sole discretion as provided in 7 CSR 10-16.020 through 7 CSR 10-16.050, may take any remedial action deemed necessary and appropriate to address the publisher’s noncompliance. Such remedial action is not limited to the following:

1. Seizure and removal of the publisher’s noncommission equipment and storage of such equipment at a site determined in the commission’s sole discretion;

2. Revocation of the publisher’s authority to participate in the publication vending machine program, removal of all the publisher’s publications in any commission machines, and prevention of such publisher from future use of commission machines; and/or 3. Repair of the damaged commission bin(s) and/or machine(s).

(C) Timing and Costs of Remedial Action.

The commission may take such remedial action(s) immediately and without prior approval of the publisher. The publisher is responsible to pay all costs of remedial actions taken by the commission under 7 CSR 10-16.035(2)(B).

(D) Notice of Remedial Action. After the commission takes any remedial action(s) authorized by 7 CSR 10-16.035(2)(B), the commission shall provide written notice to the publisher, either by certified U.S. mail or by electronic mail within ten (10) days. The written notice will include the alleged violation, the remedial action(s) taken by the commission, and the action(s) the publisher is required to take. The commission will make reasonable effort to locate either the mailing address or the electronic address of the publisher in order to send the written notice. In the event the mailing address or electronic mail address cannot be determined in the ten (10) days, the commission will post a written notice consistent with this 7 CSR 10- 16.035(2)(D) in a conspicuous place located at the rest area and on the Missouri Department of Transportation website.

(E) Opportunity for Informal Hearing. If the publisher disagrees with the allegation(s) of noncompliance and the remedial action(s) taken as set forth in the commission’s written notice, the publisher may request an informal hearing before the department’s General Services Director, or the General Services Director’s designee, no later than thirty (30) days from the date on the notice. Such request for an informal hearing shall be addressed to the Commission Secretary, PO Box 270, Jefferson City, MO 65102. The department’s General Services Director, or the General Services Director’s designee, determines the date, time, and location of the informal hearing. A publisher’s failure to request a hearing within the time allowed under this 7 CSR 10- 16.035(2)(E), or a publisher’s failure to appear at the hearing, will result in the publisher’s forfeiture of the opportunity for the informal hearing.

(3) The commission incorporates by reference in this rule the provisions of Title 23, Code of Federal Regulations(CFR) Part 752 as published by the United States Government Printing Office, 732 North Capitol Street NW, Washington DC 20401 on April 1, 2009. This rule does not incorporate any subsequent amendments or additions to 23 CFR Part 752.

752. Original rule filed July 2, 2010, effective Feb. 28, 2011. Amended: Filed Feb. 9, 2018,

7 CSR 10-16.040 Publication Vending Machine Specifications 1996, effective Feb. 1, 1996, expired July 27, 1996. Original rule filed Jan. 16, 1996, {#sec-7-csr-10-16.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-16.040}

7 CSR 10-16.045 Licensee Responsibilities and Requirements {#sec-7-csr-10-16.045 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-16.045}

PURPOSE: This rule provides the licensee’s responsibilities and requirements for the placement of publication vending machines on interstate highway rest areas for distribution of publications to the public. 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) Commission Licensee. The commission may grant an exclusive license to a licensee to regulate and administer all machines at all Missouri rest areas. Regulation will be in accordance with: 1) a contract between the commission and the licensee; and 2) 7 CSR 10-16.020 through 7 CSR 10-16.050. The licensee may either operate the machines itself or execute sub-licensing agreements with the publisher or the publisher’s agent with such sub-licensing agreement effective upon execution by both parties. However, that license between the commission and the licensee terminates effective with the date the Rehabilitation Services for the Blind assumes

regulation and jurisdiction of machines in rest areas, and upon the effective date of that occurrence all sub-licensing agreements between the licensee and a publisher or its 4CODE OF STATE REGULATIONS (8/31/18) JOHNR. ASHCROFT agent terminate.

(2) Bin Rental. The licensee may lease bins to such publishers or such publishers’ agents only on a first-come, first-served basis. The licensee may maintain a waiting list for interested publishers if a bin is not available.

(3) License Fees Authorized. Payment of a license fee to the licensee is a legal condition precedent before a publication may be vended in a rest area bin. The twelve dollars ($12) per year license fee is due from each publisher or its agent for each bin to cover the administrative and maintenance costs the licensee, or its affiliated organization or agent, sustains due to the operation of the machine and the debris the machine will generate.

(4) Publication Display Requirements. The visible contents of the publication as displayed in the machine shall not be offensive to members of the general public. The licensee, through its authorized representatives, retains final approval of the manner in which a publication is ultimately displayed for distribution in a machine in a rest area.

(5) Licensee Liability. The licensee shall be liable for damages sustained to the commission’s bins, machines, and the contents thereof that is caused by the licensee or its agent(s).

(6) The commission incorporates by reference in this rule the provisions of Title 23, Code of Federal Regulations(CFR) Part 752 as published by the United States Government Printing Office, 732 North Capitol Street NW, Washington DC 20401 on April 1, 2009. This rule does not incorporate any subsequent amendments or additions to 23 CFR Part 752.

752. Original rule filed July 2, 2010, effective Feb. 28, 2011. Amended: Filed Feb. 9, 2018,

7 CSR 10-16.050 Publisher Responsibilities and Requirements {#sec-7-csr-10-16.050 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-16.050}

PURPOSE: This rule provides the publisher’s responsibilities and requirements for the distribution of publications in publication vending machines in interstate highway rest areas.

(1) Publication Vending Machines. Only bins and machines owned and provided by the commission may be installed at a rest area.

(2) Duration of Rental Agreement. Each agreement between a licensee and a publisher or the publisher’s agent authorizing the rental of one (1) or more bins may be for no less than (1) year in duration. Occupants of any rental space will be evicted from the rental space thirty (30) days after the expiration of the rental agreement unless renewed by agreement prior to the end of the thirty (30) days. To renew the lease of machine space, all license fees are required to be paid in full to the licensee. Failure to pay the license fee in full results in cancellation of the license and assignment of the machine space to the next party on the licensee’s waiting list.

(3) Termination of Sub-licensing Agreement.

Both the licensee and the publisher or its agent may terminate their sub-licensing agreement, provided no less than thirty (30)days written notice is given. Upon termination of the sub-licensing agreement, the licensee shall refund the pro-rata share of the annual license fee for any remaining unused months of the term of the agreement.

(4) Publisher Responsible for Damages to Bins and Machines. The commission is responsible for the total cost to purchase, install, and improve a bin or machine. The publisher shall:

(A) Be responsible for any damage caused by it or its agents to the commission bin(s) or machine(s) and the contents thereof; and (B) Reimburse the commission any costs incurred by the commission in repairing the damage, including the cost of replacement of the bin(s) or machine(s), as determined in the commission’s sole discretion.

(5) Restocking of Publications. Stocking the bins at all rest areas with the current edition of a publication at least as often as the publication is published, weekend or special editions excluded, is the responsibility of each licensee, or a publisher or its agent. The licensee, or a publisher or its agent, is also responsible for removal of any outdated issues of such publication from within each bin and all debris from the rest area grounds.

(6) No Advertisements on Machines. No advertisements are to be displayed on commission bins and machines.

(7) Notice Requirements. It is the responsibility of the licensee, and if applicable to a publisher, based on information supplied by the publisher or its agent, to display the following notice, “For Information Regarding Any Problems With Your Use of This Machine Call --_____, or write ______________________________.” in a prominent place on each bin with the appropriate telephone number (with area code) and the mailing address of a contact person or agent for the licensee, or a publisher or its agent.

752. Original rule filed July 2, 2010, effective Feb. 28, 2011. Amended: Filed Feb. 9, 2018,

Chapter 17 Supplemental Guide Sign Program

7 CSR 10-17.010 Signs for Traffic Generators {#sec-7-csr-10-17.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-17.010}

(Rescinded June 30, 2015)

Original rule filed May 14, 1996, effective Nov. 30, 1996. Rescinded:

Filed Nov. 14, 2014, effective June 30, 2015.

History

• AUTHORITY: section 226.525, RSMo 1994, and 23 U.S.C. section 131.

7 CSR 10-17.020 Definitions {#sec-7-csr-10-17.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-17.020}

PURPOSE: This rule provides definitions of terms.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that 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) “Advance TODS Sign” – a Tourist Oriented Directional Signing (TODS) sign placed in advance of the normal TODS sign.

(2) “Alternate Fuel” – a fuel type other than gasoline or diesel that can be used to power a vehicle on the highway and includes but is not limited to ethanol blended gasoline (E-85), biodiesel (B-20), compressed natural gas (CNG), propane, or electric vehicle (EV) charging.

(3) “Cave” – a state approved cave which has complied with all necessary requirements of the Division of Labor Standards’ Mine Inspection Section and possesses a current certificate of annual inspection furnished and approved by that division.

(4) “College Emblem Sign” – a supplemental guide sign displaying emblem panels of up to six (6) colleges or universities meeting the criteria in this rule on emblem panels. A maximum of two (2), three (3), or six (6) college emblem panels may be displayed on a sign with the sign size being based solely on the potential number of schools that may request signs at a given interchange.

(5) “College Traffic Generator Sign” – a supplemental guide sign displaying the name and logo of up to three (3) colleges or universities meeting the criteria in this rule.

(6) “Commercial Activity” – any business or service activity generally recognized as commercial by zoning authorities in this state.

(7) “Commission” – the Missouri Highways and Transportation Commission.

(8) “Crossroad” – the roadway that intersects the main roadway.

(9) “Department” – the Missouri Department of Transportation.

(10) “Emblem Panel” – a panel which may display the name, logo, or a combination of both for a college or university meeting the criteria in this rule which is attached to a mainline sign or ramp sign or on a stand-alone trailblazer sign.

(11) “Exit Ramp” or “Ramp” – the connective roadway between the mainline and the crossroad at an interchange.

(12) “Expressway” – a divided highway with limited numbers of at-grade accesses.

(13) “Fee” – the amount of money assessed a qualified entity for participation in one (1) of the signing programs, which is paid prior to signs being installed.

(14) “First Connection” – the sign location in advance of the intersection where motorists turn off of the state highway system to arrive at the destination being signed for.

(15) “Freeway” – a divided highway where access is fully controlled by interchanges.

(16) “General Service Sign” – a sign with white legend on blue background depicting the standard symbol for an alternate fuel that meets the department’s standards.

(17) “Gore” – the area immediately beyond the divergence point of the mainline highway and the exit ramp bounded by the edges of those traveled ways.

(18) “Interchange” – an intersection that connects two (2) or more interconnecting roadways through the use of one (1) or more grade separations that pro vides for the movement of traffic between the interconnecting roadways on different elevations allowing uninterrupted flow of the mainline highway.

(19) “Intersection” – the at-grade crossing of two (2) public roadways where the intersecting roadways are at the same elevations and are controlled by regulatory signs or traffic signals.

(20) “Interstate” – the Dwight D. Eisenhower National System of Interstate and Defense Highways.

(21) “Logo Panel” – a panel which may display the name, brand, symbol, trademark, or a combination of these of a qualified entity which is attached to a mainline sign or ramp sign or serves as a stand-alone trailblazer sign when a directional arrow is installed below it.

(22) “Logo Program” or “Logo” – a specific service signing program that provides directional signing to businesses which offer motorist services (gas, food, lodging, and camping) and tourist attractions.

(23) “Mainline Highway” or “mainline” – the primary travel lanes of the interstate, freeway, or expressway.

(24) “Mainline Sign” – the sign installed in advance of an interchange along the mainline of an interstate, freeway, or expressway informing motorists of the services or attractions accessible from that interchange.

(25) “Motorist Services” – a business which provides one (1) or more of the following services: gas, food, lodging, or camping.

Signing for motorist services is limited to the Logo and TODS programs and meets the following criteria:

(A) Gas and diesel vehicular service stations shall provide fuel, oil, water, air, restroom facilities, drinking water, a telephone available to the public for emergencies, and be in continuous operation at least twelve (12) hours a day, seven (7) days per week. Alternative fuel availability at these sites can be displayed as a secondary message at the bottom of a Logo panel or within the TODS sign legend. If this information cannot be displayed as part of the Logo or TODS sign, it may be displayed as a general service sign placed below the gas Logo mainline and ramp signs or below the TODS sign for the facility offering the alternative fuel. A maximum of two (2) general service signs may be displayed below a TODS sign, one (1) attached to each of the TODS sign posts. When general service signs are used, the alternative fuel site shall be within three (3) miles of the interchange, located along the crossroad of the interchange, be clearly visible from the crossroad, with the availability of the alternative fuel clearly identified on the on-premise signing of the site. The distance to the alternative fuel site will be displayed along with the general service logo where the distance is greater than one (1) mile;

(B) Electric vehicle charging (EV charging) sites shall be equipped with level two (2) or level (3) systems compatible with all electric vehicles, have the capacity to charge a minimum of two (2) vehicles at the same time, and be available to any user regardless if the user is a patron of the site offering the EV charging station. EV charging availability may be displayed as a supplemental message at the bottom of a Logo panel or within a TODS sign legend for sites participating in the TODS or Logo program under the gas category. EV charging stations located at businesses participating in the TODS or Logo programs under categories other than gas may be signed using the general service signing for EV charging in accordance with the requirements of the application of general service signing in this rule;

(C) Food and restaurant facilities shall be approved and/or licensed by the state or political subdivision having jurisdiction and be in continuous operation to serve at least two (2) meals per day (i.e., breakfast, lunch, and/or dinner), six (6) days per week, be open to the public a minimum of ten (10) hours per day, have accommodations to seat a minimum of twenty (20) guests at tables indoors or a minimum of ten (10) drive-up ordering/eating stations, and provide restroom facilities and a telephone available to the public for emergencies;

(D) Lodging, motel, and hotel facilities shall be approved and/ or licensed by the state agency or political subdivision having jurisdiction, have a minimum of ten (10) rooms with each room having its own restroom facility, including a shower and/or bath tub, sufficient off-street parking for all guests, telephones in each room, and be open twenty-four (24) hours a day, seven (7) days a week; and (E) Camping and campground facilities shall be approved and/or licensed by the state agency or political subdivision having jurisdiction, provide restroom facilities, drinking water, at least twenty (20) camping and parking spaces, and be open twenty-four (24) hours per day, seven (7) days per week for a minimum of six (6) consecutive months per year. Signing for campgrounds operated on a seasonal basis will be covered with a blue background aluminum panel of appropriate size or removed from the sign during the off season.

(26) “Owner” – the holder of a fee title or the holder of a leasehold estate from the owner of real property representing the qualified entity.

(27) “Participation Agreement” – a contract between the program manager and each eligible entity participating in the programs outlined in this rule.

(28) “Primary College/University Site” — the site that represents the institutional home of a college/university located in the state of Missouri, but not meeting the definition of the traditional college campus.

(29) “Program Manager” – a person representing the company awarded the administrative services contract for the purpose of operating the Logo, TODS, and Traffic Generator Programs and is authorized by the department to sign a participation agreement for marketing, management, installation, and maintenance of signs for these programs in accordance with these rules.

(30) “Qualified Entity” – a site that meets one (1) of the following categories and meets all of the criteria of this rule:

(A) A tourist oriented activity;

(B) A motorist service;

(C) A state or federal agency which owns and operates a site offering recreational activities, sites of historical significance, or manages public lands open to the public;

(D) A state-operated correctional facility;

(E) A Welcome Center Affiliate; and (F) A college or university, satellite campus, or community college which offers face-to-face classroom education as the primary purpose of the site.

(31) “Ramp Sign” – the supplemental guide for the Logo or Traffic Generator Program installed along the interchange ramp providing directional information for each service or attraction accessible from that particular interchange.

(32) “Ramp Terminal” – the intersection of the exit ramp and the crossroad.

(33) “Restroom Facility/Facilities” – a modern sanitary facility comprising a minimum of one (1) sink with running water and one (1) flushing toilet.

(34) “Rural Area” – an incorporated area, an unincorporated U.S. Census-designated place or a county in which the population is equal to or less than five thousand (5,000) persons.

(35) “Satellite College/University Site” – a branch site of a college/university located at a site apart or away from the primary university or college. The primary campus may be located in a different city or state from the traditional college/ university campus or the primary college/university site.

(36) “Second Connection” – the sign location in advance of the intersection or interchange where motorists turn to access the state highway where first connection signing is provided.

(37) “Specific Service Sign” – a supplemental guide sign displaying Logo panels for specific businesses that provide eligible motorist services or tourist attractions as outlined in this rule.

(38) “Standard” – the department’s current versions of the Standard Plans for Highway Construction, Standard Specifications for Highway Construction, and the policies found in the department’s Engineering Policy Guide.

(39) “Third Connection” – the sign location in advance of the intersection or interchange where motorists turn to access the state highway where second connection signing is provided.

(40) “TODS Program” or “TODS” – Tourist Oriented Directional Signing, a signing program, which provides directional signs to tourist-oriented activities and motorist services in the state of Missouri meeting the criteria of this rule.

(41) “TODS Sign” – a sign displaying the name of qualified entities that provide eligible tourist attractions or motorist services, as written in this rule, displayed as a stand-alone sign or as part of a TODS sign assembly.

(42) “Tourist Attraction” – a tourist-oriented activity where the site’s primary function, or offering, is as a natural phenomenon, historic site, cultural site, museum, educational site, area of natural beauty, recreational site, or memorial monument as defined below, and a major portion of whose income or visitors are derived during the normal business season from motorists and are open to the public without reservations. Attendance in any consecutive twelve- (12-) month period shall meet or exceed the minimum requirements established in this rule for the Logo, TODS, or Traffic Generator programs. In addition, qualifying tourist attractions are to be open for business at least three (3) months per year, four (4) hours per day, at least five (5) days per week with at least one (1) day being a Saturday or Sunday unless otherwise indicated in this rule, have public restroom facilities, and a minimum of ten (10) parking spaces.

(A) “Natural phenomenon” – a feature created by nature.

Examples may include but are not limited to unusual rock formations, caves, geysers, or waterfalls.

(B) “Historic site” – a structure, site, or district that has definite historical significance and shall be listed on the National Park Service’s National Register of Historic Places, which can be found at https://www.nps.gov/subjects/nationalregister/index. htm.

(C) “Cultural site” – any facility for the performing arts, exhibits, or concerts that is open to all age groups.

(D) “Museum” – a facility in which works of artistic, historical, or scientific value are cared for and exhibited to all age groups.

(E) “Educational site” - sites which include— 1. “Zoological” or “botanical park” – a facility in which living animals, insects, or plants are kept and exhibited to the public;

2. “Facility tours” – regularly scheduled tours of plants, factories, working farms, or institutions where the tours are conducted on a regularly scheduled daily basis conducted during normal working hours of the facility. Tours shall be a minimum of thirty (30) minutes in duration, be educational in format, informing the public how the products from the facility are produced or grown, and be communicated to the public by posting the information on the facility website, pamphlets, brochures, or anywhere the hours of operation for the facility can be found. This does not include retail outlets which do not fabricate or grow their products; 3.“Wineries,” “breweries,” or “distilleries”– a licensed site which produces a minimum of five hundred (500) gallons of wine, beer, or spirits per year, open to the public for guided tours or tasting, and meet the additional requirements of “facility tours” as defined in this rule; and 4. “Agritourism sites” – An agricultural site open to the public providing the opportunity to visit a working farm, ranch, or other agricultural facility for the purposes of education, participating in the activities of the site, or purchasing products produced by the site. Qualifying sites are those locations where the products are grown/raised and harvested, where visitors can purchase pre-harvested products or have the option to select and harvest products directly from the fields. Examples of qualifying sites include but are not limited to Christmas tree farms, pumpkin patches, blueberry farms, and apple orchards. This does not include remote sites in which agricultural products have been transported for sale away from the farm, ranch, or other agricultural site producing the products. Examples of non-qualifying sites would include but are not limited to farmers markets, roadside produce stands, and Christmas tree sale lots. Qualifying agritourism sites may only participate in the TODS program and are to be open for business a minimum of four (4) weeks per year, four (4) hours per day, at least two (2) days per week with at least one (1) day being a Saturday or Sunday. Agritourism sites may operate with portable restroom facilities in lieu of a modern sanitary facility comprising sinks with running water and flushing toilets.

(F) “Area of natural beauty” – a naturally occurring area of outstanding interest to the public. Examples may include but are not limited to state or national parks, wilderness areas, lakes, rivers, canyons, or similar areas.

(G) “Recreational site”—sites which include— 1. “Recreational area”—an area conducive to outdoor recreation including but not limited to bicycling, boating, fishing, swimming, hiking, rafting, picnicking, snowmobiling, cross country skiing, or snow skiing;

2. “Amusement parks” – a permanent area which offers entertainment including but not limited to games, rides, and/ or food services for all ages;

3. “Arenas” – a stadium, sports complex, auditorium, fairgrounds, civic or convention center, or racetrack which have seating for at least five thousand (5,000) people, open and/or holding public events at least one hundred (100) days of the year;

4. “Golf course” – a facility offering at least nine (9) holes of play;

5. “Sports complex”—an outdoor facility offering a large group of fields and/or courts where multiple games can be played at the same time. These complexes typically support one (1) or more of but not limited to the following sports: soccer, baseball, softball, basketball, or tennis; and 6. “Excursion gambling boat” – a boat, ferry, other floating facility, or any non-floating facility licensed by the Missouri gaming commission on which gambling games are permitted by law.

(H) “Memorial monuments”—a statue, obelisk, landmark, or other structure which commemorates a person, group, or event of regional, state, or national significance. Memorial monument sites shall meet the minimum qualifications of the TODS, Logo, or Traffic Generator program to qualify for a supplemental guide sign and be accessible to the public three hundred sixty-five (365) days per year.

(43) “Traditional College/University Campus”—the land on which the institutional home of a college/university and its related buildings are situated. The campus will be comprised of a series of buildings on one (1) piece of property owned and operated by the college/university, typically in a parklike setting. The buildings could serve as but are not limited to administration, classrooms, labs, auditoriums, or stadiums.

This does not include garages, maintenance buildings, or other buildings not supporting education.

(44) “Traffic Generator” – a qualified publicly or privately owned entity meeting the criteria of a tourist attraction, but not including golf courses or excursion gambling boats.

Publicly owned traffic generators are typically owned and operated by the state or federal governments, city or county jurisdictions, do not charge entry fees to utilize the facilities and are typically non-profit or not-for-profit. Privately owned traffic generator sites are typically owned and operated by individuals or organizations which charge entry and user fees and are revenue-producing.

(45) “Traffic Generator Program” – a supplemental guide sign program, which provides directional information to qualified entities, schools, governmental agencies, and colleges.

(46) “Traffic Generator Sign” – a supplemental guide displaying the name and logo, when permitted by this rule, of the qualified entity.

(47) “Trailblazer Sign” – a sign with an arrow and site name/ logo information which provides directional information for any necessary turns from the furthest extent of the signing to the qualified entity’s location. Legal, off-premises, directional outdoor advertising may be substituted for trailblazer signs if erected prior to the installation of a Logo or TODS sign.

(48) “Urban Area” – an incorporated city or U.S. Censusdesignated place in which the population is greater than five thousand (5,000) persons.

(49) “Visible” – an unobstructed view of the on-premise sign of a site by a motorist who is able to see and recognize the site as the destination they are seeking in sufficient time to safely make the necessary maneuvers to access the facility.

(50) “Welcome Center Affiliate” – a local chamber of commerce, a local convention and visitor bureau, or an institution of higher education with an established tourism curriculum serving to increase the number of welcome centers in Missouri without expending state funds and otherwise meeting the criteria of this rule.

Original rule filed Nov. 14, 2014, effective June 30, 2015. Amended:

Filed Oct. 6, 2017, effective May 30, 2018. Amended: Filed Sept. 9, 2022, effective April 30, 2023.

History

• AUTHORITY: Art. IV, section 29, Mo. Const., section 226.535, RSMo 2016, and 23 U.S.C. section 131(f). Material in this rule originally filed as 7 CSR 10-9, 7 CSR 10-17, and 7 CSR 10-22.

7 CSR 10-17.030 Administration {#sec-7-csr-10-17.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-17.030}

PURPOSE: This rule provides information concerning obtaining, maintaining, and cost for signing.

(1) This rule outlines the eligibility requirements to participate in the various signing programs.

(2) Signs covered in this rule only apply to commission roadways and sites located within the State of Missouri unless otherwise specified in this rule.

(3) Requests for participation in the Logo, Tourist Oriented Directional Signing (TODS), or Traffic Generator Programs are to be submitted to the program manager by the owner or authorized representative of a qualified entity.

(4) Before any qualified entity is permitted to participate in the Logo, TODS, or Traffic Generator Pro grams, any existing illegal advertising devices pertaining to that qualified entity shall be removed.

(5) No qualified entity may discriminate or be discriminated against with regard to race, color, religion, sex, age, handicap, or national origin. Each qualified entity identified by a Logo, TODS, or Traffic Generator sign shall have furnished written and notarized certification to the program manager of the entity’s conformance to all applicable federal, state, and local laws, ordinances, rules, and regulations, and not be in breach of that certification.

(6) A qualified entity will enter into a participation agreement with the program manager.

(7) A sign removed for any of the reasons in subsections (7)

(A)–(7)(C) will be charged a department-approved fee for re-installation. All fees paid by the qualified entity are not subject to refund. A qualified entity’s sign may be removed no earlier than thirty (30) days after notification by the program administrator through written correspondence for any of the following reasons:

(A) Failure to pay fee; or (B) Failure to meet the minimum requirements set forth by these rules for each program type; or (C)

Delinquency as to any of the previously mentioned violations.

(8) If a business is closed due to fire, accident, remodeling, or other emergency for more than seven (7) days, but not more than ninety (90) days, the sign will be covered to prevent inconveniencing the traveling public. The sign owner will not lose their priority or need to reapply prior to the normal expiration of its contract. Extensions of time beyond ninety (90) days may be granted; however, an owner who, due to his/ her own negligence, fails to open within the ninety- (90-) day period, may lose his/her priority to occupy the space on the right-of-way. The participation agreement will not be extended due to fire, accident, remodeling, or other emergency.

(9) The fee to be paid will be equal to the fees established by the department. A participation agreement with the qualified entity will be executed for a term specified in each program.

If an applicant chooses to not pay the fees agreed upon in the participation agreement, all signs will be removed from the commission right-of-way.

(10) At the end of their business season, a qualified entity not open year-round will have their sign taken out of service to convey to the public the site is not open.

(A) Signs will be taken in and out of service in one (1) of the following ways, depending on the signing program and the circumstances of the installation:

1. For traffic generator signs — a CLOSED plaque will be placed on the sign(s);

2. For Logo signs — the Logo will be removed from the Logo sign(s);

3. For TODS sign(s)— A. The TODS sign(s) will be removed; or B. A CLOSED plaque will be placed over the directional arrow/mileage display on the sign(s); or C. If the season of operation can be defined by a term of months, then a supplemental panel(s) can be displayed below the TODS sign(s). Any given month will be displayed only if the site is open at least fifty percent (50%) of that month.

(B) A qualified entity which has not received a sign(s) due to insufficient space will not be permitted to use the space made available by another qualified entity’s sign which has been removed during the off-season.

(11) No reimbursement is allowed to any participating qualified entity due to road closures or detours established for any reason.

(12) The commission reserves the right to approve all sign installation locations, modify said sign(s) when necessary to comply with changed standards that might be promulgated or adopted, and/or permanently remove the sign(s) at any time, in its sole discretion, for any reason whatsoever, including for the convenience of the commission or if the commission determines removal is necessary for a highway or transportation project. In the event the commission removes the sign pursuant to the terms of this rule, the commission will not refund any portion of the original payment from the qualified entity.

(13) An appeal or other request for review by any applicant regarding the decisions of the program manager must be submitted in writing to the department’s State Highway Safety and Traffic Engineer, PO Box 270, Jefferson City, MO 65102.

Original rule filed Nov. 14, 2014, effective June 30, 2015. Amended:

Filed Oct. 6, 2017, effective May 30, 2018. Amended: Filed Sept. 9, 2022, effective April 30, 2023.

History

• AUTHORITY: Art. IV, section 29, Mo. Const., section 226.535, RSMo 2016, and 23 U.S.C. section 131(f). Material in this rule originally filed as 7 CSR 10-9, 7 CSR 10-17, and 7 CSR 10-22.

7 CSR 10-17.040 Requirements for Tourist Oriented Directional Signing {#sec-7-csr-10-17.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-17.040}

PURPOSE: This rule defines the require ments necessary for an entity to qualify for Tourist Oriented Directional Signing (TODS) signing.

(1) A qualified entity eligible for Tourist Oriented Directional Signing (TODS) signs shall meet the criteria as a tourist attraction or a motorist service, as defined in this rule, have a minimum annual attendance of two thousand (2,000) visitors in a consecutive twelve- (12-) month period. Signing will be limited to the following distances from the site:

(A) Gas, food, and lodging services—three (3) miles; and (B) Camping services and tourist attractions—fifteen (15) miles.

(2) If the installation of a TODS sign directing traffic onto a non-state route at an intersection is determined to be necessary by the program manager, the program manager will contact the appropriate jurisdiction owning the roadway and obtain written consent for such TODS installation. If the appropriate authority owning the roadway refuses to consent, that qualified entity shall not be eligible for TODS at that intersection.

(3) Where both TODS and Logo trailblazer signing would be authorized at the same intersection, the TODS signs will incorporate the information from, and be used in place of, the Logo trailblazer sign.

(4) Whenever an intersection on an expressway is upgraded to an interchange, all TODS located at that interchange and any associated trailblazing signs shall be removed by the program manager.

(5) Only those qualified entities not plainly visible to the driver proceeding on the crossroad will be considered for trailblazing signs. When the program manager determines trailblazer signs are needed, all trailblazing signs will be erected prior to erecting the intersection signs.

History

• AUTHORITY: Art. IV, section 29, Mo. Const., sections 226.020, 226.130, and 226.525, RSMo 2016. Material in this rule originally filed as 7 CSR 10-9, 7 CSR 10-17, and 7 CSR 10-22. Original rule filed Nov. 14, 2014, effective June 30, 2015. Amended: Filed Oct. 6, 2017, effective May 30, 2018. Amended: Filed Sept. 9, 2022, effective April 30, 2023. Original authority: 226.020, RSMo 1939; 226.130, RSMo 1939, amended 1993, 1995; and 226.525, RSMo 1972, amended 1999.

7 CSR 10-17.050 Logo Signing {#sec-7-csr-10-17.050 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-17.050}

PURPOSE: This rule defines the require ments necessary for an entity to qualify for Logo signing.

(1) To participate in the Logo signing program, a qualified entity must be a tourist attraction or provide one (1) or more of the following services: gas, food, lodging, or camping, and have a minimum annual attendance of five thousand (5,000) visitors in a consecutive twelve- (12-) month period.

(A) Specific service signs shall be erected only for a qualified entity located within three (3) miles of the interchange as measured along the path from the interchange to the qualified entity starting from the intersecting centerlines of the freeway and crossroad at the interchange to the nearest edge of the business structure projected at a right angle to the roadway centerline. If the capacity of the existing individual service sign for a specific business is not fully utilized, a successive three (3) mile increment may be considered for that specific type business on a temporary basis until the space is requested by a qualified entity within the initial three (3) mile distance.

The qualified entity occupying the space on a temporary basis will remain in place until the end of its annual participation agreement. Existing signs shall not be made larger or new signs installed to make room for qualified entities beyond the initial three (3) mile distance. The maximum distance allowed for each category from the interchange is equal to— 1. Gas, food, and lodging services—six (6) miles; and 2. Camping services or tourist attractions—fifteen (15) miles.

(B) Locations for mainline, ramp, and trailblazer signs will be approved by the department.

(C) Messages, symbols, and trademarks which resemble any official traffic control device are not to be used.

(D) If Logo spaces for any of the service categories mentioned in this rule remain available, then the department, at its discretion, may permit other qualifying entities in the same service category meeting the majority of the criteria to utilize the otherwise unused spaces. Those qualified entities that participate, but do not fully qualify for the program, will be reevaluated on an annual basis. At that time, should there be a request from a fully qualifying entity to participate, the fully qualifying entity will be given priority over a less than fully qualifying entity when considering renewal of contracts.

(E) A business may have Logo panels installed at a second interchange, provided it meets all the requirements as set forth in these regulations and its participation at the second interchange does not prevent another eligible business from participating in the Logo Program at that interchange. Should an eligible business choose to participate in the Logo program at the second interchange location, the business’s logo panel occupying space at the second interchange will be removed when its participation agreement has expired.

(F) In the event that a business provides more than one (1) motorist service, it may be eligible to display a Logo panel for each service it provides on the proper specific service sign, provided the following conditions are met:

1. The business meets all minimum criteria for the service;

2. Displaying multiple Logo panels for the same business does not prevent participation by another business that offers a sole service and would otherwise qualify for placement on the specific service sign. Should an eligible business choose to participate in the Logo program at one (1) of the locations the business is displaying a secondary motorist service, the secondary Logo panel will be removed when its participation agreement expires; and 3. Space is available on the specific service sign.

(2) When more than six (6) qualified entities of the same motorist service type wish to participate in the Logo program at the same interchange, up to six (6) Logo panels for this motorist service type may be installed or roll over onto a second specific service sign if the second specific service sign is empty or can be subdivided as stated in the supplemental signing program rules. No more than twelve (12) Logo panels for one (1) type of motorist service will be displayed at a single interchange on a maximum of two (2) specific service signs. The qualified entities occupying space on the second specific service sign may remain in place until such time as the space is needed by other qualified entities of other motor service types, not currently displayed at the interchange, choose to participate in the Logo program at that interchange. When this occurs, the qualified entities rolled over onto the second specific service will be removed when its participation agreement expires.

(3) If the requests to place Logo panels on specific service signs exceed the available space, the following criteria will be used to determine the allocation of spaces:

(A) Businesses nearest to the interchange will be given priority;

(B) The first six (6) qualified applicants for gas, food, lodging, camping, and tourist attractions will be selected to place their Logo panels on the specific service sign. When a tourist attraction and another motor service type are combined on a single specific service sign, the first three (3) qualified tourist attractions and first three (3) of the other motor service type that share the same specific service sign will be selected;

(C) Once all allowed similar type businesses are posted on the specific service sign at an interchange, other similar type businesses that are on the waiting list that are closer to the interchange will have priority over the business furthest from the interchange that is also on the waiting list; and (D) Changes in the Logo panels displayed on the specific service sign will take place at the time of contract renewal.

(4) If trailblazer signs are needed for qualified entities, they will be installed at the same time or prior to the installation of the Logo panel on the mainline and ramp signs. The program manager will determine if trailblazer signs are necessary, and the department will approve locations, if appropriate.

(5) Where both Tourist Oriented Directional Signing (TODS) and Logo trailblazer signing is needed at the same intersection, the TODS signs will incorporate the needed information from, and be used in place of, the Logo trailblazer sign.

(6) Mainline Logo signs will be located on the freeway mainline between the first advanced guide sign and the exit guide sign.

(7) Ramp signs will be located along the freeway interchange ramp after the gore and before the ramp terminal.

(8) Logo panels will be constructed and installed as follows:

(A) Only a qualified entity’s name, brand name, trademark, corporate logo, or commercial symbol shall be used. Logo and word messages shall not both be displayed on the Logo unless otherwise permitted in this rule. If a nationally, regionally, or locally recognized commercial symbol, corporate logo, or trademark is available, displaying such symbol, logo, or trademark is preferred to any other form of business identification. The department has the right to review and approve or deny any requested design— 1. The logo panel for a gas station/convenience store may display names, brand names, trademarks, corporate logos, commercial symbols, or other words, signs or symbols representing the brand of motor fuel and the convenience store name so long as the same or substantially similar words, signs, or symbols are permanently displayed on the business and are the same or substantially similar to the business name, business entity, or the doing business as “dba” name as registered with the Missouri Secretary of State’s office. If the fuel brand name is different than the convenience store name, the fuel brand shall be displayed in the predominate position (top or left of the logo panel) and represent no less than fifty percent (50%) of the logo area; and 2. The federal regulation on this issue, as interpreted by Federal Highway Administration (FHWA) guidance, suggests that blended logo panels are not allowed; however, the language of the federal regulation appears to allow this compromise so long as both logos are contained in the business name, business entity, or “dba”;

(B) Logo panels cannot display a message which advertises a product rather than identifying a business. Any exception must be approved by the department. Diesel, ethanol or E-85, Biodiesel or B20, Compressed Natural Gas or CNG, Propane, EV Charging, or Food Mart text may be included on gas Logo panels as a secondary message in the lower portion of the Logo panel; and (C) Messages, corporate logos, symbols, or trademarks which interfere with, imitate, or resem ble any official warning or regulatory sign, signal, or traffic control device or which attempt, or appear to attempt, to direct movement of traffic are prohibited.

(9) Logo signs are not permitted at an interchange which connects to another freeway. No interchange to interchange signing is permitted.

(10) Logo signs are not permitted at an interchange exit where the single exit ramp splits into two (2) or more ramps before connecting to the crossroad.

(11) Logo signs are not permitted in an area where there is less than three-quarters (3/4) of a mile between interchange gore points when measured in one (1) direction or otherwise approved by the department.

History

• AUTHORITY: Art. IV, section 29, Mo. Const., section 226.535, RSMo 2016, and 23 U.S.C. section 131(f). Material in this rule originally filed as 7 CSR 10-9, 7 CSR 10-17, and 7 CSR 10-22. Original rule filed Nov. 14, 2014, effective June 30, 2015. Amended: Filed Oct. 6, 2017, effective May 30, 2018. Amended: Filed Sept. 9, 2022, effective April 30, 2023.

7 CSR 10-17.060 Traffic Generators {#sec-7-csr-10-17.060 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-17.060}

PURPOSE: This rule defines the requirements necessary for an entity to qualify for traffic generator signing.

(1) A traffic generator is eligible to have signs up to the third connection; however, signing cannot extend beyond the first interchange encountered regardless if the interchange is the first, second, or third connection.

(2) Traffic generator signing cannot be erected at an interchange which connects to another freeway. No interchange to interchange signing is permitted.

(3) Traffic generator signs cannot be erected at an interchange exit where the single exit ramp splits into two (2) or more ramps before connecting to the crossroad.

(4) Traffic generator signs cannot be erected in an area where there is less than three-quarters (3/4) of a mile between interchange gore points when measured in one (1) direction or as otherwise approved by the department.

(5) Signs may be provided on each freeway located within twenty (20) miles of the traffic generator in a rural area or within five (5) miles in an urban area. Distances shall be measured along the path from the interchange/intersection to the traffic generator beginning at the intersecting centerlines of the interchange/intersection and the crossroad and ending at the nearest edge of the traffic generator projected at a right angle to the roadway centerline.

(6) The qualified entity is responsible for working with the local jurisdiction to install any additional trailblazer signs that may be needed off of the state system before the signs are installed on the state highway.

(7) Tourist Oriented Traffic Generator. To be considered eligible as a tourist oriented traffic generator, a qualified entity must meet the definition of a tourist oriented attraction in this rule as well as having a minimum annual attendance of two hundred thousand (200,000) in rural areas, two hundred and fifty thousand (250,000) in urban areas, and three hundred thousand (300,000) in the St. Louis and Kansas City metropolitan areas.

(8) College Generator. To qualify for college generator signs, a qualified school shall meet all the definitions of this rule as well as the following criteria:

(A) Be a traditional college/university campus;

(B) The school site and the courses taught at the school are accredited by an organization recognized by the U.S.

Department of Education or by the Council for Higher Education. The department will determine the eligibility of each school;

(C) Offer a minimum of a two- (2-) year associates degree and/ or a four- (4-) year bachelor’s degree or a master’s degree;

(D) Be the primary campus for the college/university;

(E) Face-to-face classroom settings between students and faculty will be the primary source of education. Web-based or telecommunication centers do not meet this requirement;

(F) Be the primary school campus. Individual schools on or off campus (i.e. school of engineering, nursing, etc.), research parks, or research farms do not qualify for signs;

(G) Qualifying schools may choose to participate in college emblem signing in lieu of college generator signing;

(H) If third connection does not reach an interchange, the signing will begin at the third connection and the signing will consist of college generator trailblazer signs only;

(I) Have a minimum of five hundred (500) registered students attending face-to-face classes on campus. The department may acquire the three- (3-) year average attendance from the Department of Higher Education or the school may provide a notarized letter attesting to their average face-toface enrollment for the specific site being signed for; and (J) No qualified school may participate in more than one (1) type of college signing program off of a given state highway.

College Generator mainline signs display the name of the school and the school logo, subsequent ramp and trailblazer signs only display the school name.

(9) College Emblem Signing. To qualify for college emblem signs, a qualified school shall meet all the definitions of this

rule as well as the following criteria:

(A) Be a primary college/university site or a satellite college or university site;

(B) The school site and the courses taught at the school are accredited by an organization recognized by the U.S.

Department of Education or by the Council for Higher Education. The department will determine the eligibility of each school;

(C) Offer a minimum of a two- (2-) year associate’s degree and/or four- (4-) year bachelor’s degree;

(D) Face-to-face classroom settings between students and faculty is the primary source of education. Web-based classes and telecommunication centers do not meet this requirement;

(E) Be the primary school campus. Individual schools on or off campus (i.e., school of engineering, nursing, etc.), research parks, or research farms do not qualify for signs;

(F) Have a minimum of one hundred (100) registered students attending face-to-face classes on campus. The department may acquire the three- (3-) year average attendance from the U.S.

Department of Higher Education or the school may provide a notarized letter attesting to their average face-to-face enrollment for the specific site being signed for;

(G) No qualified school may participate in more than one (1) type of college signing program off of a given state highway; and (H) If only one (1) school is displayed on a college emblem sign, that school has the option to display their school name in text, with no logo, instead of being displayed on an emblem panel. The college emblem sign size will remain the same size in either case. If additional schools need to be displayed on the college emblem sign, the original school display will revert to the emblem format in order to accommodate the display of additional schools.

If third connection does not reach an interchange, the signing will begin at the intersection that represents the third connection. If the signing begins at an intersection and not at an interchange, the type of signing used to mark the path will consist of college emblem style trailblazer signs only.

(10) State and Federal Agency. State and federal agency traffic generator sites are not required to meet minimum annual attendance requirements as these sites are publicly owned facilities, are generally open to the public with no access fees, and individual sites are many times part of larger regions, such as national forests or river systems. Unlike privately owned traffic generator sites, whose primary justification for participating in signing programs is to increase attendance and revenue, state and federal sites are non-profit and choose to participate in signing programs simply to aid the public in reaching these facilities. State and federal agency traffic generators are— (A) Missouri conservation areas operated by the Missouri Department of Conservation;

(B) Missouri state parks and state historic sites operated by the Missouri Department of Natural Resources; and (C) Federal agency traffic generators include, but are not limited to, federal recreational sites, historic sites, forests, river accesses, campgrounds, and lakes, which are operated by U.S.

Corp of Engineers, U.S. Forest Service, U.S. Fish and Wildlife, or National Park Service.

(11) State Correction Centers. Correction centers operated by the Missouri Department of Corrections are eligible for traffic generator signs at the first connection only. If the first connection is at an interchange, the first connection may include both the mainline and ramp sign. Approval from the political subdivision(s) in which the correctional facility is located must be obtained before signing will be considered.

Minimum attendance requirements do not apply.

(12) Welcome Center Affiliate. Welcome center affiliates, approved by the Division of Tourism, are eligible for traffic generator signs and are required to meet the criteria in this

rule, except the minimum annual attendance requirements.

Signs will be allowed up to a maximum of six (6) miles from the affiliate in a rural area and two (2) miles in an urban area.

Before participation agreement may be executed, the potential affiliate must first receive their certification letter from the Division of Tourism.

Amended: Filed Sept. 9, 2022, effective April 30, 2023. *Original authority: 226.525, RSMo 1972, amended 1999.

History

• AUTHORITY: section 226.525, RSMo 2016, and 23 U.S.C. section 131. Material in this rule originally filed as 7 CSR 10-9, 7 CSR 10-17, and 7 CSR 10-22. Original rule filed Nov. 14, 2014, effective June 30, 2015. Amended: Filed Oct. 6, 2017, effective May 30, 2018.

Chapter 18 Contractor Disqualification for Misconduct

7 CSR 10-18.040 Opportunity to Appeal Proposed Disqualification and Review Board {#sec-7-csr-10-18.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-18.040}

7 CSR 10-18.120 Commission Notification Regarding Contractors Who Have Been TRANSPORTATION Transportation Commission for Misconduct {#sec-7-csr-10-18.120 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-18.120}

7 CSR 10-18.010 Definitions {#sec-7-csr-10-18.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-18.010}

PURPOSE: This rule contains the definitions of terms used in this chapter.

(1) Definitions. The following definitions apply to this chapter:

(A) Affiliate. Persons are affiliates of each other if, directly or indirectly, either one controls or has the power to control the other; or a third person controls or has the power to control both. Indiciaof control include, but are not limited to, the following: interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, a business entity organized following the suspension or the termination of a person which has the same or similar management, ownership, or principal employees as the suspended or terminated, ineligible, or voluntarily excluded person, or joint ventures. A successor business entity is also an affiliate for the purpose of this

chapter;

(B) Agency. Any federal, state, or local public governmental entity (other than a court acting in its judicial capacity) which engages in procurement, purchasing, or competitive bidding of public contracts, including the department or the commission, or which possesses the authority to declare a potential bidder or contractor ineligible to bid on or receive publicly-awarded contracts;

(C) Board. See review board;

(D) Chief engineer. The chief engineer of the Missouri Department of Transportation;

(E) Civil judgment. The disposition of a civil action by any state or federal court of competent jurisdiction, whether entered by verdict, decision, settlement, stipulation, or otherwise, which creates a civil liability or finding for some or all of the wrongful acts alleged; or a final determination of liability in a local, state, or federal civil judicial or administrative proceeding, including a proceeding under this chapter, seeking civil penalties or other remedies for making, presenting, or submitting any false, fictitious or fraudulent claims or statements to an agency, or causing such to be made, presented, or submitted to an agency, including but not limited to, those within the Federal Program Fraud Civil Remedies Act (31 U.S.C. sections 3801 to 3812);

(F) Commission. The Missouri Highways and Transportation Commission;

(G) Contract. A written agreement between the contractor and the commission or department, setting forth the obligation of the parties thereunder, including, but not limited to, the performance of the work, the furnishing of labor and materials, and the basis of payment.

A contract may include two (2) or more different highway projects as part of a required or permissive combination. “Contract” shall also refer to all contracts entered into between the contractor and any subcontractor or supplier at any tier;

(H) Contractor. Contractor means any individual or other legal entity that— 1. Directly or indirectly (for example, through an affiliate), submits offers for or is awarded, a government contract, including a contract for carriage under government or commercial bills of lading, or a subcontract under a government contract; or 2. Conducts business, or reasonably may be expected to conduct business, with the government as an agent or representative of another contractor;

(I) Conviction. An adjudication of guilt of a criminal offense which may be punished by imprisonment, rendered by any state or federal court of competent jurisdiction, whether entered upon a verdict or a plea, including a plea of nolo contendereor an “Alford” plea, and regardless of whether imposition of a sentence of a fine or imprisonment is suspended or executed. A conviction exists immediately when the adjudication of guilt is entered, even though the date for sentencing or probation has not yet occurred, and even though that adjudication of guilt may be subject to defense motions, withdrawal of the plea, or appeal;

(J) Department. The Missouri Department of Transportation. “Department” includes the chief engineer and all other officers and employees of the department, unless the text of this chapter clearly indicates a contrary construction is intended;

(K) Disqualification. To determine ineligibility or unfitness for contracting or being a subcontractor or supplier under any contract with the commission or the department. A disqualified contractor is considered not responsible for contracting or being a subcontractor or supplier under any contract with the commission or the department. For purposes of this chapter, disqualification may consist of suspension of the contractor, subcontractor or supplier;

(L) Division. Refers to the divisions of construction, design, materials, maintenance, traffic, and bridge within the Missouri Department of Transportation;

(M) Indictment. Indictment for a felony or misdemeanor in any state or under federal law.

An information or other filing by competent

(N) Ineligible. Excluded from participation in contracts with the commission or the department;

(O) Principal. A person is a principal of a firm if s/he is an officer, director, owner, partner, or other person with that firm who has primary management, supervisory or bidding duties or authority;

(P) Review board. The review board for purposes of this chapter consists of three (3) or more of the following: the assistant chief engineer; and two (2) appropriate division engineers or directors from the following divisions as designated by the chief engineer: design, construction and materials, maintenance, traffic and highway safety, and bridge; or any of their designates;

(Q) State. Includes the state of Missouri, as well as all other states, territories, and possessions of the United States;

(R) Subcontractor. Any individual, partnership, corporation or a person or firm participating as part of a joint venture, to whom a contractor sublets any part of the work under a commission contract;

(S) Successor. A person, firm, or corporation is a successor to another if it is a business entity organized following the disqualification of the other, and it has the same or similar management, ownership, or principal employees as the disqualified person, firm, or corporation; and (T) Supplier. A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with the contractor or with any subcontractor to furnish material or equipment to be incorporated in work by the contractor or subcontractor. 227.030, 227.100, and 227.210, RSMo 2016,

History

• authority charging a criminal offense shall be given the same effect as an indictment;

7 CSR 10-18.020 Causes for Disqualification {#sec-7-csr-10-18.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-18.020}

PURPOSE: This rule provides for the criteria causing disqualification.

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) Causes for Disqualification. Disqualification may be imposed for any of the following:

(A) Submitting more than one (1) proposal for the same work from an individual, firm, or corporation under the same or different name. A bidder may, however, submit a proposal as principal and as a subcontractor to some other principal, or may submit a proposal as a subcontractor to as many other principals as s/he desires, and by so doing will not be liable to disqualification in the intent of this specification;

(B) A preponderance of the evidence that shows collusion exists among the bidders;

(C) Conviction of or civil judgment for or finding of any one (1) act, including failure to act, or attempt or conspiracy to act, constituting or furthering any of the following:

1. Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, by a contractor;

2. Violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; or 3. Embezzlement, theft, bribery, perjury, assault, false affidavit, false declaration within the meaning of section 576.060, RSMo, false statements or false claims within the meaning of 31 U.S.C. 1020, 31 U.S.C. 3729, 31 U.S.C. 3801 or 49 CFR part 31, obstruction of justice, obstruction of any government operation, false representation, or false report;

(D) Violation of the terms of a public agreement or transaction so serious as to affect the integrity of an agency project or program, such as a willful failure to perform in accordance with the terms of one (1) or more public agreements or transactions;

(E) A nonprocurement debarment by any federal, state or local governmental agency taken before October 1, 1988, or a procurement debarment by any federal agency taken pursuant to federal regulations, or debarment disqualification or similar action by any other state, county, or local government for an act which would be grounds for disqualification under this section;

(F) Making or receiving kickbacks or payments of currency or any item of value in order to obtain or retain any contract or payment thereunder, or in return for an agreement to make or for the making of any false statements or material misrepresentations or omissions of fact to any federal, state, or local governmental agency or private firm relevant to contract compliance;

(G) Suspension, debarment, or other disqualification of the contractor, or determination that the contractor is not a responsible bidder for public contracting purposes, by any federal, state, or local governmental agency; or (H) Occupational Safety and Health Administration (OSHA) violations categorized as willful, and/or a documented history of serious and/or repeated violations that resulted in serious injury or death per Title 29, Code of Federal Regulations, Sections 1910-1990, which is incorporated by reference and made a part of this rule as published by the United States Superintendent of Documents, 732 N Capitol Street NW, Washington, DC 20402- 0001, website: http://bookstore.gpo.gov, on July 1, 2017. This rule does not incorporate any subsequent amendments or additions of this rule.

(2) Imputed Conduct. Any contractor that receives payment as a result of a commission contract may not assert as a defense to the department’s disqualification action against such contractor that the conduct of any person, officer, director, partner, employee, agent, or individual associated with such contractor in performing work under the contract should not be imputed to such contractor, if such conduct— (A) Occurred within the course and scope of the person, officer, director, partner, employee, agent, or individual’s relationship with the contractor during the time such contractor was under contract with the commission; and (B) Was illegal under any federal, state, or local law or illegal under any federal or state

rule, or violated the contractor’s obligations to the commission under the contract. The contractor’s receipt of payment under a commission contract including any illegal or unsatisfactory conduct, or the contractor’s intent to obtain payment for such conduct, may be used as evidence by the commission of the contractor’s knowledge, approval, or acquiescence of such conduct. effective June 30, 1997. Amended: Filed Oct. 6, 2017, effective May 30, 2018. *Original authority: 226.020, RSMo 1939; 226.130, RSMo 1939, amended 1993, 1995; 226.150, RSMo 1939, amended 1977; 227.030, RSMo 1939; 227.100, RSMo 1939, amended 1963, 1967, 1969, 2002; and 227.210, RSMo 1939.

7 CSR 10-18.030 Notice of Proposed Disqualification {#sec-7-csr-10-18.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-18.030}

PURPOSE: This rule sets forth the requirements for notifying any person or contractor that disqualification is being considered by the department.

(1) Written Notice of Department’s Recommendation. Any contractor who is recommended by the department for disqualification shall be provided written notice of the proposed disqualification by the applicable division engineer or director after concurrence by the chief engineer.

(2) Notice of Proposed Disqualification. The notice of proposed disqualification shall be sent to the contractor by the division engineer or director who is proposing the disqualification. The notice of the proposed disqualification shall advise the contractor of the following:

(A) That disqualification is being proposed;

(B) The reasons for the proposed disqualification in terms sufficient to notify the contractor of the conduct or transaction(s) upon which it is based;

(C) The causes relied upon for proposing disqualification;

(D) The procedures governing disqualification;

(E) The potential effect of a disqualification by the commission;

(F) The contractor’s right to appeal the recommendation to the review board;

(G) That disqualification is only for serious actions and is used only in the public interest and for the state’s protection and not for purposes of punishment; and (H) The proposed duration of the proposed disqualification.

(3) Temporary Suspension Period. For good cause shown, the chief engineer may, at his/her discretion, temporarily suspend a contractor and its affiliates and principals pending final action by the commission.

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7 CSR 10-18.040 Opportunity to Appeal Proposed Disqualification and Review Board Proceedings {#sec-7-csr-10-18.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-18.040}

PURPOSE: This rule provides for the contractor to appeal any recommended disqualification and provides the procedures for the review board.

(1) Appeal of Proposed Disqualification. Any contractor who is recommended for disqualification may appeal the decision to the review board and request an informal hearing.

(2) Procedure for Appeals. The contractor shall submit its request in writing for an informal hearing to the Secretary, Missouri Highways and Transportation Commission, P.O.

Box 270, Jefferson City, MO 65102.

Requests for review shall be submitted by the contractor within thirty (30) calendar days after the date the notice of proposed disqualification was mailed to the contractor. If the contractor requests a timely informal hear ing, the department shall advise the contractor of the time, date and place for the informal hearing. This is not a contested case under

Chapter 536, RSMo. The rules of evidence shall not apply at the hearing.

(3) Review Board Proceedings. The review board shall review the information received by the department and the contractor regarding the proposed disqualification. The contractor may submit documentation to support its position at the informal hearing. The contractor may also present any argument regarding the proposed disqualification. Additionally, the review board may request further information or documentation from the contractor or any department employee, and shall be provided with any further information or documents deemed relevant to its review. Upon review of all the information provided to the review board, the review board will make its written findings and recommendations to the chief engineer.

(4) Time of Review Board’s Proposed Finding and Recommendation. The review board will make its findings and recommendations within thirty (30) days after the conclusion of the review board’s hearing.

(5) Review Board’s Written Report. The review board shall make a written report to the chief engineer, summarizing its findings and recommendations regarding whether the contractor should be disqualified. A cause for disqualification must be established by a preponderance of the evidence. The chief engineer may concur in or modify the review board’s findings and recommendations.

(6) Procedures for When No Appeal is Taken on the Department’s Recommendation. If the contractor does not timely appeal the department’s recommendation, the division engineer or director shall forward the recommendation to the chief engineer for an abbreviated review of the written recommendation for disqualification, setting forth its supporting reasons.

The review board will not participate in this review. If the chief engineer does not concur in the recommendation that the contractor be disqualified, s/he shall notify the contractor in writing of its continued status as responsible.

If the chief engineer believes disqualification is appropriate after this review, s/he shall inform the contractor of the department’s decision that the contractor be disqualified and the length of time for the disqualification.

(7) No Appeal for Certain Causes of Disqualification. Whenever a proposed action is based upon a conviction, judgment, admission, or debarment, or other declaration of ineligibility by another state, political subdivision, or federal entity for any of the causes listed in subsection (1)(C) or (E) of 7 CSR 10-18.020, and adequate evidence of that event may be established by documented evidence a fact-finding hearing need not be conducted.

7 CSR 10-18.050 Commission Action {#sec-7-csr-10-18.050 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-18.050}

PURPOSE: This rule describes the commission’s role in determining whether a contractor is to be disqualified.

(1) Commission Action. The chief engineer shall present the proposed recommendations and findings regarding the disqualification of the contractor to the commission. The commission shall act on the proposed findings and recommendations as it deems appropriate under the circumstances, based on the record consisting of the written recommendations of the division engineer or director, the written findings and recommendations, and the written appeal of the contractor. No hearing shall be held by or for the commission on the findings and recommendations. The commission shall either affirm, reject, modify or remand the findings and recommendations.

7 CSR 10-18.060 Notice of Commission Determination to Disqualify Contractor {#sec-7-csr-10-18.060 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-18.060}

PURPOSE: This rule sets forth notification requirements for disqualification (by the commission).

(1) Commission Notice. For decisions of the commission to impose disqualification on a contractor for misconduct, a written notice will be provided to the contractor. Notice will be given of the following:

(A) The reasons for disqualification;

(B) The period of disqualification, including effective dates;

(C) The inability to bid on or participate in any new commission contracts as a contractor or subcontractor; and (D) That disqualification and termination are serious actions and are used only in the public interest and for the state’s protection and not for purpose of punishment.

(2) Judicial Review of the Commission’s Decision. The commission’s decision shall be final and conclusive on these issues, subject to judicial review pursuant to section 536.150, RSMo.

(3) Notice Not to Disqualify. Notice will be given by the commission to the contractor of any decision of the commission not to disqualify.

7 CSR 10-18.070 Period of Disqualification {#sec-7-csr-10-18.070 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-18.070}

PURPOSE: This rule establishes definite periods for disqualification of contractors.

(1) Period of Disqualification. The period of disqualification of the contractor generally should not exceed three (3) years. Where circumstances warrant, a longer period of disqualification may be imposed.

(2) Extension of Period of Disqualification.

The chief engineer may extend an existing disqualification for an additional period if the chief engineer determines that an extension is necessary to protect the public interest. The chief engineer shall determine whether an extended period of disqualification is warranted based upon the recommendation for warded to him/her by the appropriate division engineer or director. The contractor will be notified regarding the intent to extend the disqualification period and will be afforded the opportunity to appeal in writing to the review board. A disqualification may not be extended solely on the basis of the facts and circumstances upon which the initial disqualification action was based. The chief engineer’s decision shall be final and conclusive of these issues, subject to judicial review pursuant to

section 536.150, RSMo.

(3) Reversal or Reduction of Disqualification.

The contractor may request the chief engineer to reverse the disqualification decision or to reduce the period or scope of disqualification. Such a request shall be submitted in writing to the chief engineer and be supported by documentation. The chief engineer may grant such a request for reasons including, but not limited to, the following:

(A) Significant efforts on the part of the contractor to correct any previous cause for disqualification;

(B) Reinstatement from disbarment by the federal government or by any other state or political subdivision; or (C) Any other substantive reason as determined by the department.

7 CSR 10-18.080 Effect of a Commission Determination that a Contractor is Disqualified {#sec-7-csr-10-18.080 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-18.080}

PURPOSE: This rule states the effect of a determination to disqualify with respect to bidding or participating in any new commission contract and further establishes the commission’s authority to grant an exception.

(1) Effect of Disqualification. Any contractor that is disqualified may not bid on or participate in any commission contract awarded after the effective date of disqualification as a contractor, subcontractor or supplier during the period of disqualification. The disqualification shall not prohibit the contractor from concluding the work on the commission contracts it previously had obtained prior to the effective date of its disqualification or from participating as a subcontractor on any commission project if it had already been approved by the department to act prior to the effective date of its disqualification, unless the commission terminates any of these contracts for misconduct under the provisions of

section 108.13 of the Missouri Standard Specification for Highway Construction.

(2) Effect of Disqualification of Related Persons. Each person, firm, or corporation which is an affiliate, principal, or a successor of a disqualified contractor shall be disqualified to the same extent and for the same time as that contractor, unless the chief engineer grants a specific exception for good cause shown. A request for an exception by the affiliate, principal, or successor must be made in the same manner as provided in this

chapter for reinstatement of a contractor previously declared disqualified, but the request may be made at any time after the contractor is notified of the recommendation for its disqualification. The chief engineer may grant an exception if it finds that an affiliate or principal of the disqualified contractor did not conspire or participate in, and was not aware at the time of the acts which resulted in the disqualification.

7 CSR 10-18.090 Procedure for Reinstatement of a Contractor Previously Disqualified {#sec-7-csr-10-18.090 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-18.090}

PURPOSE: This rule establishes the procedures for reinstating a contractor who has previously been disqualified.

(1) Reinstatement. After any period of disqualification of a contractor has elapsed, a disqualified contractor may submit to the chief engineer documentation supporting its request for reinstatement as responsible. The chief engineer shall review the documentation and may request further documentation as deemed necessary for possible reinstatement of the contractor, its affiliates, principals, and successors as responsible. The chief engineer shall decide if the contractor shall be reinstated or not reinstated, and the chief engineer’s decision regarding the requested reinstatement shall be final, subject to judicial review pursuant to section 536.150, RSMo.

(2) No Automatic Reinstatement. The disqualified contractor must apply for reinstatement with the chief engineer. Even though the contractor’s period of disqualification has elapsed, the contractor cannot contract with the commission or department until the contractor has been formally reinstated by the department.

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7 CSR 10-18.100 Effect of Reinstatement of a Contractor Previously Disqualified {#sec-7-csr-10-18.100 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-18.100}

PURPOSE: This rule sets forth the effect of reinstating a person, contractor, firm or corporation with regard to contracting and subcontracting and with regard to the person’s or contractor’s status and any subsequent action against the person, contractor, firm or corporation.

(1) Effect of Reinstatement. When the chief engineer reinstates a contractor as responsible pursuant to this chapter, that contractor may then bid on or participate in any current or new contract or project as a contractor, subcontractor or supplier without any restrictions. Any contractor which was disqualified solely because of its status as an affiliate, principal or successor to the person, firm or corporation formerly disqualified shall also be reinstated as responsible automatically, unless the chief engineer specifically excepts a person or firm from reinstatement in its decision reinstating the contractor.

7 CSR 10-18.110 Addresses for Written Notification or Appeal {#sec-7-csr-10-18.110 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-18.110}

PURPOSE: This rule provides information regarding sending notice to the contractor and the commission.

(1) Written Notice to the Contractor. All writings and notices to a contractor, or its affiliate, principal, or successor, shall be sent to the last known address of that person, firm or corporation. Notice provided to the last known address of the contractor, or its affiliate, principal or successor by United States mail, postage prepaid, will constitute valid service of the notice.

(2) Written Notice to the Chief Engineer or Commission. All writings and correspondence to the Missouri Highways and Transportation Commission shall be addressed to:

Secretary, Missouri Highways and Transportation Commission, 105 West Capitol Avenue, P.O. Box 270, Jefferson City, MO 65102-0270. 227.100 and 227.210, RSMo (1994) and RSM0 (1939), amended 1993, 1995; 226.150, RSMo

7 CSR 10-18.120 Commission Notification Regarding Contractors Who Have Been Disqualified {#sec-7-csr-10-18.120 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-18.120}

PURPOSE: This rule provides for commission notification of disqualified contractors to all interested persons.

(1) Commission Notification of Disqualified Contractors. The commission will maintain a current listing of all contractors who have been disqualified by the commission. The commission will provide a copy of the current listing, at no cost, of all disqualified contractors to all interested persons upon request.

Requests for this commission contractor disqualification listing shall be submitted in writing to the commission’s chief engineer. 226.130, RSMo (Cum. Supp. 1996), and Title

Chapter 19 Contractor Drug Testing Program

7 CSR 10-19.010 General Program Requirements {#sec-7-csr-10-19.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-19.010}

PURPOSE: This rule provides drug testing program requirements for contractors’ employees working on highway projects within the state of Missouri to ensure the safety of contractor and subcontractor employees, Department of Transportation employees and the traveling public. Federal law already requires contractors to provide drug testing for employees possessing commercial drivers licenses; this rule extends the requirements to include all employees working in safety-sensitive positions.

(1) Any prime contractor doing work on a highway project shall establish, implement and enforce, at its own cost, a drug testing program for its employees and shall ensure that a program is in place by its subcontractors for its employees who shall be working on the site of a state highway project.

(2) The drug testing program shall include post-accident testing, random testing, reasonable suspicion testing and return to duty testing and shall utilize collection, testing, analysis and reporting specifications which meet or exceed the provisions contained in 49 CFR

part 40 and 49 CFR part 382.

(3) Attestation of compliance with this rule will be required in the initial bid contract furnished to the contractor.

(4) False certification of compliance with this

rule will result in removal from the current project and could result in debarment from future highway projects.

Skinner v. Railway Labor Executives Ass’n, 489 U.S. 602; 109 S. Ct. 1402; 103 L.Ed.2d 639 (1989). Drug testing is not considered unconstitutional if the important governmental interest furthered by the testing outweighs individual privacy interests. The duties of railroad employees include such risks of injury to others that even a momentary lapse of attention can have disastrous consequences and thus drug testing of such employees further an important governmental interest. In the same way, the duties of highway construction contractor employees include such risks of injury to others.

Rebecca McDowell Cook (4/30/98)

History

• AUTHORITY: sections 226.130, RSMo Supp. 1997 and 227.030, RSMo 1994 and Art. IV, Sec. 29 of the Mo. Const. Original rule filed Nov. 17, 1997, effective May 30, 1998. Original authority: 226.130, RSMo 1939, amended 1993, 1995 and 227.030, RSMo 1939.

Chapter 20 Financial Assistance

7 CSR 10-20.010 State Transportation Assistance Revolving Fund {#sec-7-csr-10-20.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-20.010}

PURPOSE: This rule contains procedures and provisions to provide financial assistance for eligible nonhighway transportation projects to any political subdivision of the state or to any other person or entity involved in transportation projects serving a public purpose.

(1) Definitions.

(A) Commission. The Missouri Highways and Transportation Commission.

(B) Department. The Missouri Department of Transportation.

(2) Eligibility.

(A) Applicability. This rule applies to any political subdivision of Missouri or to any public or private not-for-profit organization or entity involved in transportation projects serving a public purpose other than highways as described in subsection (2)(B) of this rule.

(B) Projects. The funds in the State Transportation Assistance Revolving (STAR) Fund are to be allocated for the following:

1. Facilities for transportation by air, water, rail, or mass transit;

2. Vehicles for the transportation of elderly or handicapped persons; or 3. Rolling stock for transit purposes.

(C) Costs.

1. Eligible costs. Applicants can request monetary assistance in the planning, acquisition, development, and construction of the projects described in subsection (2)(B) of this

rule.

2. Ineligible costs. No funds provided by this section shall be used for the payment of the operating expenses of such transportation facilities or for the construction or maintenance of state highways.

(3) Financial Assistance Amounts. The total amount of funds available for eligible projects under this rule will be determined annually by the commission, subsequent to appropriations by the state legislature.

(4) Application for Financial Assistance.

(A) An applicant submits its completed application on a form provided by the commission, which includes the application fee, to the department’s Financial Services Director. The application, dated March 1, 2018, is incorporated herein by reference and made a

part of this rule as published by the department, PO Box 270, Jefferson City, MO 65102.

This rule does not incorporate any subsequent amendments or additions to the application. A copy of the application can be acquired from the Missouri Department of Transportation, PO Box 270, Jefferson City, MO 65102 or online at http://www.modot.org/partnershipdevelopment/application.htm.

(B) The application will provide precise project details and funding information that will be incorporated into the loan agreement.

(C) Unfunded Applications.

1. Refunds of application fees. Application fees charged on applications that are not approved for funding will be retained by the commission. There are no refunds of application fees.

2. Resubmittal of unfunded applications.

A. Applicants may resubmit an application or a revised application.

B. There will be no fee for resubmission of an unrevised application.

C. Adjustments for inflation in project costs/financing is not considered a revision.

(5) Application Review and Evaluation.

(A) The department evaluates each proposal that requests a loan from the STAR Fund to determine eligibility and completeness under section 226.191, RSMo and this rule.

(B) The evaluation criteria includes the following criteria:

1. Public benefit;

2. Transportation need;

3. Economic benefit;

4. Financial feasibility;

5. Noncommission financial contribution; and 6. Timeliness of repayment.

(C) If the application is complete and the department determines the project is eligible for a loan, the department then evaluates and determines whether the applicant sponsoring the project has the ability to repay a loan issued under this rule.

(D) If more than one (1) project has been submitted, the department then ranks the applications in order of each application’s evaluation score.

(E) The department then presents the application, or applications, to the department’s cost share committee. The cost share committee reviews and then either approves, denies, or requests additional information for each STAR loan application.

(F) If the cost share committee approves the loan, the loan is then presented to the commission for final approval or disapproval to issue the loan. If there is more than one (1) application, the applications to be submitted to the commission will not exceed the amount of funds available to finance the applications.

(6) Loan Awards. All applicants will be notified of the outcome of the review process.

Funded applications receive a letter of loan commitment, followed by a loan agreement upon loan closing. The loan conditions and repayment terms are dependent on the credit worthiness of the applicant and will be set out in the loan agreement.

(7) Accountability. Upon approval of financial assistance through this rule, the following items will be addressed in the loan agreement: accounting practices; insurance; and inspections.

JOHNR. ASHCROFT(10/31/18)

History

• AUTHORITY: section 226.191, RSMo 2016. Emergency rule filed July 14, 1997, effective July 24, 1997, expired Feb. 26, 1998. Original rule filed July 14, 1997, effective Jan. 30, 1998. Amended: Filed April 6, 2018, effective Nov. 30, 2018. Original authority: 226.191, RSMo 1996.

Chapter 21 Transportation Corporations

7 CSR 10-21.010 Procedures for Authorizing Transportation Corporations to Enforce Collection OF TRANSPORTATION Transportation Commission Corporations {#sec-7-csr-10-21.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-21.010}

7 CSR 10-21.010 Procedures for Authorizing Transportation Corporations to Enforce Collection of Tolls {#sec-7-csr-10-21.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-21.010}

PURPOSE: This rule sets forth the manner in which the Missouri Highways and Transportation Commission authorizes transportation corporations to enforce tolls.

(1) Definitions.

(A) “Act” means the Missouri Transportation Corporation Act, sections 238.300 to 238.367, RSMo.

(B) “Commission” means the Missouri Highways and Transportation Commission.

(C) “Corporation” or “transportation corporation” means any transportation corporation organized under the Act.

(D) “Department” means the Department of Transportation of the state of Missouri.

(E) “Person” means any individual, firm, corporation, cooperative, association, trust, partnership, joint venture, or other legally recognized entity.

(F) “Project” includes any bridge, street, road, highway, access road, interchange, intersection, signing, signalization, parking lot, bus stop, station, garage, terminal, hangar, shelter, rest area, dock, wharf, lake or river port, airport, railroad, light rail, or other mass transit, and any similar or related improvement or infrastructure.

(G) “Toll” or “tolls” means charges prescribed by the corporation for the use of its property.

(H) “Toll collection regulations” means those rules and regulations of a corporation providing for and requiring the payment of tolls for the use of bridges under its jurisdiction or those rules and regulations of a corporation making it unlawful to refuse to pay or to evade or to attempt to evade the payment of all or part of any toll for the use of bridges under the jurisdiction of the corporation.

(I) “Violation” or “toll evasion” means one (1) or more act(s) not authorized by the Act and/or any rules or regulations promulgated as a result of the Act relating to the payment or failure to pay tolls.

(2) Application. Transportation corporations seeking authority to enforce payment of tolls shall file with the commission an application with the following information:

(A) The name, address, telephone and facsimile numbers, and contact person of the transportation corporation;

(B) The location of the project or projects for which the transportation corporation is seeking authority to enforce collection of tolls;

(C) A description of the project;

(D) A description of the method or methods by which the transportation corporation currently collects or proposes to collect tolls including, but not limited to, toll tickets, barrier toll facilities, billing accounts, commuter passes, and electronic recording or identification devices;

(E) A statement that describes the use of the toll revenues; and (F) A copy of the transportation corporation’s proposed toll collection regulations that complies with the provisions of the Act.

(3) Commission Review and Decision Process. Upon receipt of a completed application, the commission reviews the application at its next scheduled meeting and makes a decision to either approve or disapprove it.

The applicant shall be provided an opportunity at the commission meeting to describe its proposal to the commission and can make any modifications and revisions at the commission’s meeting that the commission deems advisable.

(A) If the application is approved, the transportation corporation is authorized to enforce collection of tolls at its project as described in its proposed toll collection regulations.

(B) If the application is disapproved, the reasons for said disapproval shall be provided to the transportation corporation in writing within thirty (30) days of said meeting and the transportation corporation is authorized to resubmit an application that addresses the deficiencies. After receiving information from the transportation corporation addressing the deficiencies, the commission approves or denies the application at its next scheduled meeting. The transportation corporation may be provided an opportunity to describe its proposal and any supplemental information it supplied to the commission at the commission’s meeting.

(4) Appeal. A transportation corporation aggrieved by any decision of the commission may appeal the commission’s decisions in the manner prescribed by Missouri’s Administrative Procedures and Review Act.

JOHNR. ASHCROFT(9/30/18)

History

• AUTHORITY: sections 238.347, 238.362, 238.365, and 238.367, RSMo 2016. Emergency rule filed Jan. 13, 1998, effective March 5, 1998, expired Aug. 31, 1998. Original rule filed Jan. 13, 1998, effective July 30, 1998. Amended: Filed March 9, 2018, effective Oct. 30, 2018. Original authority: 238.347, RSMo 1990; 238.362, RSMo Supp. 1997; 238.365, RSMo Supp. 1997; and 238.367, RSMo Supp. 1997.

Chapter 22 Tourist Oriented Directional Signing Program

7 CSR 10-22.040 Tourist Oriented Activities Eligibility Requirements TRANSPORTATION Transportation Commission Signing Program {#sec-7-csr-10-22.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-22.040}

7 CSR 10-22.010 Public Information {#sec-7-csr-10-22.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-22.010}

7 CSR 10-22.020 Definitions Const., sections 226.020, 226.130, and 226.525, RSMo 2000. Original rule filed Feb. 8, 1999, effective Sept. 30, 1999. Amended: {#sec-7-csr-10-22.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-22.020}

Filed Oct. 10, 2001, effective April 30, 2002.

Rescinded: Filed Nov. 14, 2014, effective June 30, 2015.

7 CSR 10-22.030 Intersection Leg Eligibility {#sec-7-csr-10-22.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-22.030}

7 CSR 10-22.040 Tourist Oriented Activities Eligibility Requirements Const., sections 226.020, 226.130, and 226.525, RSMo 2000. Original rule filed Feb. 8, 1999, effective Sept. 30, 1999. Amended: {#sec-7-csr-10-22.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-22.040}

Filed Oct. 10, 2001, effective April 30, 2002.

Rescinded: Filed Nov. 14, 2014, effective June 30, 2015.

7 CSR 10-22.050 Sign Requirements {#sec-7-csr-10-22.050 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-22.050}

7 CSR 10-22.060 Administration JASONKANDER(5/31/15) {#sec-7-csr-10-22.060 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-22.060}

Chapter 23 Technician Certification Program

7 CSR 10-23.010 Definitions {#sec-7-csr-10-23.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-23.010}

PURPOSE: This rule provides definitions of terms applicable to the Missouri Department of Transportation’s technician certification program.

(1) Evaluator. An individual who has been approved by the materials qualification engineer (MQE) to administer performance evaluations.

(2) Instructor. An individual who is qualified by the technician certification coordinator (TCC) and MQE in the areas or levels to successfully perform classroom instruction and administer written examinations and performance evaluations for the technician certification program (TCP).

(3) Materials qualification engineer (MQE).

Missouri Department of Transportation (MoDOT) employee responsible for managing and supervising the TCC in the administration of TCP activities statewide.

(4) Registered intern status. Temporary qualification of new hires, students working over the summer, and seasonal employees as sampling or testing technicians-in-training who operate under the direct supervision of a qualified sampling or testing technician.

(5) Review board. A board chaired by the State Construction and Materials Engineer that is responsible for making decisions regarding certification suspensions and revocations. The review board for purposes of this chapter consists of three (3) or more of the following: The State Construction and Materials Engineer, chair; the appropriate division or district engineer; or any of their delegates.

(6) Technician. An individual certified to perform sampling and acceptance testing of materials used in transportation construction projects.

(7) Technician certification coordinator (TCC).

MoDOT employee responsible for administering TCP activities statewide.

(8) Technician Certification Program (TCP).

A program administered by MoDOT to certify technicians who perform sample and acceptance testing of certain materials used in transportation construction projects.

Part 637. Original rule filed May 7, 2002, RSMo 1939, amended 1993, 1995; and 227.030, RSMo 1939.

7 CSR 10-23.020 Certification and Certification Renewal Requirements for Qualified Sampling and Testing Technicians and Sampling or Testing Technicians-in-Training {#sec-7-csr-10-23.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-23.020}

PURPOSE: This rule provides for individuals to become certified or recertified as qualified sampling and testing technicians as required by federal regulation at Title 23 Code of Federal Regulations, Ch. 1, Part 637.

(1) Applicability. This rule applies to all individuals seeking a certification or a certification renewal from the Missouri Department of Transportation (MoDOT) as a qualified sampling or testing technician, and any individuals seeking registered intern status from MoDOT as a sampling or testing technicianin-training under the direct supervision of a qualified sampling or testing technician.

(2) Applications. Any individual seeking a certification or a certification renewal shall complete the “Application Form—MoDOT Technician Certification Program.” Any individual seeking registered intern status shall complete the “Application Form—MoDOT Intern Status Registration.” These application forms can be obtained from the Internet at the MoDOT website at http://www.modot.mo.gov or by contacting the technician certification coordinator (TCC). Completed applications are to be forwarded to the TCC.

(3) Certification Requirements. Any individual seeking certification shall— (A) Complete an “Application Form— MoDOT Technician Certification Program” in accordance with section (2) of this rule;

(B) Attend the classroom instruction required by MoDOT for the desired certification in accordance with section (6) of this rule;

(C) Pass the written examination in accordance with section (7) of this rule;

(D) Pass the performance examination in accordance with section (8) of this rule;

(E) Be eligible, upon passing the required examinations, for a certification that is valid for five (5) years after issuance, and may be perpetually renewed in accordance with section (4) of this rule; and (F) Be subject to certification suspension or revocation pursuant to 7 CSR 10-23.030.

(4) Certification Renewal Requirements. Any individual seeking certification renewal shall— (A) Complete an “Application Form— MoDOT Technician Certification Program” in accordance with section (2) of this rule;

(B) Attend the classroom instruction required by MoDOT for the desired certification renewal in accordance with section (6) of this rule, but that individual is ineligible for certification renewal if said classroom instruction is not taken within ninety (90) calendar days after expiration of the certification desired for renewal;

(C) Pass the written examination in accordance with section (7) of this rule;

(D) Pass the performance examination in accordance with section (8) of this rule;

(E) Be eligible, upon passing the required examinations, for a certification renewal that is valid for five (5) years after issuance, and may be perpetually renewed in accordance with this section; and (F) Be subject to certification suspension or revocation pursuant to 7 CSR 10-23.030.

(5) Registered Intern Status Requirements.

Any individual seeking registered intern status shall— (A) Complete an “Application Form— MoDOT Intern Status Registration” in accordance with section (2) of this rule;

(B) Be eligible, upon approval of the application, for registered intern status that is valid for six (6) months after application approval;

(C) Not be eligible for application approval unless the individual is a new hire, a student working over the summer, or a seasonal employee, and that individual shall not be eligible for application approval if he or she has held a technician certification under MoDOT’s Technician Certification Program;

(D) Not be eligible for application approval more than once per calendar year;

(E) Be working under a supervisor who is certified through reciprocity or MoDOT TCP for all applicable test methods the intern shall perform; and (F) Be subject to registered intern status suspension or revocation pursuant to 7 CSR 10-23.030.

(6) Classroom Instruction. Classroom instruction is required for certification and certification renewal.

(A) Course Schedule. The course schedule and list of locations shall be available to any interested person. It is available via the Internet on the MoDOT website at http://www.modot.mo.gov or by contacting the TCC.

(B) Application. To apply for a course, an application must be completed and submitted pursuant to section (2) of this rule.

(C) Costs. A fee schedule for courses can be found via the Internet on the MoDOT website at http://www.modot.mo.gov or by contacting the TCC. Charges for the courses will be invoiced upon acceptance of enrollment.

(7) Written Examination Requirements.

(A) For both certification and certification renewal, the scores required for passing the written examination are— 1. Eighty-five percent (85%) for the following certification(s): Aggregate Technician, Bituminous Technician, Plasticity Index, Soil Density, Concrete Field, Concrete Strength, IRI, Binder Ignition, Compressive Strength, Aggregate Specific Gravity, Hot Mix Asphalt (HMA) Aggregate, Tensile Strength Ratio (TSR), AASHTO T85 Absorption, and Low Slump; and 2. Eighty percent (80%) for the following certification: Superpave Quality Control/Quality Assurance (QC/QA).

(B) The reported information for the written examination will be Pass or Fail. Actual written examination scores shall be provided upon request.

(C) If an individual seeking certification fails to achieve a passing written examination score for the desired certification in accordance with this section, that individual shall be permitted to take another written examination for that certification within sixty (60) days of the reporting of that failing written examination score. If that individual fails to achieve a passing score for the second written examination attempt, then he or she must start anew to complete the certification requirements pursuant to section (3) of this rule.

(D) If an individual seeking certification renewal— 1. Fails to achieve a passing written examination score for the desired certification renewal in accordance with this section, and achieves a written examination score of sixty percent (60%) or less, then that individual must start anew to complete the certification requirements pursuant to section (3) of this 2. Fails to achieve a passing written examination score for the desired certification renewal in accordance with this section, but achieves a written examination score greater than sixty percent (60%), then that individual shall be permitted to take another written examination for that renewal certification within sixty (60) days of the reporting of that failing written examination score. If that individual fails to achieve a passing score for the second written examination attempt, then he or she must start anew to complete the certification requirements pursuant to section (3) of this rule.

(8) Performance Examinations. The performance examinations given are demonstrations of the test procedure by the individual in the presence of an evaluator or instructor. To pass the performance examination, the individual must present a demonstration of all critical items of the test procedure. In a given performance examination, an individual is allowed two (2) opportunities to demonstrate the test procedure.

(A) If an individual seeking certification fails to successfully demonstrate the test procedure for the desired certification after exhausting both opportunities, then that individual shall be permitted to take another performance examination for that certification within sixty (60) days. If that individual fails to successfully demonstrate the test procedure for the second performance examination attempt, then he or she must start anew to complete the certification requirements pursuant to section (3) of this rule.

(B) If an individual seeking certification renewal fails to successfully demonstrate the test procedure for the desired certification renewal after exhausting both opportunities, then that individual shall be permitted to take another performance examination for that certification renewal within sixty (60) days. If that individual fails to successfully demonstrate the test procedure for the second performance examination attempt, then he or she must start anew to complete the certification requirements pursuant to section (3) of this (9) Reciprocity. Any individual certified by any other certification program as a qualified sampling or testing technician may be considered, upon request for reciprocity, as meeting the certification requirements pursuant to section (3) of this rule. Requests for reciprocity shall be submitted in writing to the TCC for consideration. The consideration of granting reciprocity rests with the TCC and his/her interpretation of the equivalency of the program content in which the individual was certified.

(A) Upon approval of reciprocity by the TCC for a specified certification, the individual requesting reciprocity shall be eligible for a certification that is valid for the time remaining until expiration of the equivalent certification or five (5) years after reciprocity approval, whichever is of shorter duration.

(B) A certification by reciprocity approval may be perpetually renewed for five (5)-year periods in accordance with section (4) of this (C) Any individual approved for certification by reciprocity shall be subject to certification revocation pursuant to 7 CSR 10- 23.030.

Part 637.* Original rule filed May 7, 2002, RSMo 1936, amended 1993, 1995; and 227.030, RSMo

7 CSR 10-23.030 Certification Suspension and Revocation Procedures and the Appeal Process for Technicians and Sampling or Testing Technicians-in-Training {#sec-7-csr-10-23.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-23.030}

PURPOSE: This rule provides for the Missouri Department of Transportation to suspend or revoke a technician’s certification status and the technician’s right to appeal the suspension or revocation.

(1) Certification Suspension and Revocation.

(A) The materials qualification engineer (MQE), after investigation of wrongdoing by a technician, shall propose suspension or revocation of the certification of that technician to the review board if he or she is found to have committed fraud, abuse, willful negligence, or has demonstrated incompetence identified by the technician’s supervisor or a certified technician, verified by a second certified technician.

(B) The review board shall evaluate any proposal by the MQE to suspend or revoke the certification of a technician to determine whether action should be taken against that technician in the public interest. Depending upon the seriousness of the technician’s acts or omissions, the existence of past review board actions against him or her, and any mitigating factors, the review board may take the following actions against that technician:

1. Issue a written reprimand to the technician;

2. Suspend all certifications held by the technician, reserving the right for the review board to establish in each case the effective date and length of any suspension, not to exceed one (1) year in duration;

4CODE OF STATE REGULATIONS

(6/30/17) JOHNR. ASHCROFT

3. Revoke all certifications held by the technician for one (1) year upon issuance of revocation, requiring the technician to seek certification anew and complete all certification requirements again pursuant to 7 CSR 10-23.020; or 4. Revoke all certifications held by the technician, prohibiting the technician from seeking certification anew pursuant to 7 CSR 10-23.020 for a period of up to ten (10) years.

(C) The MQE must notify the technician in writing within ten (10) working days of any determinations made by the review board on a proposal to suspend or revoke the technician’s certification by the MQE.

(D) Any actions taken by the review board against a technician, except for certification revocation, will be removed from the technician’s existing record five (5) years after the date of such actions.

(2) Registered Intern Status Suspension and Revocation.

(A) The MQE, after investigation of wrongdoing by an individual with registered intern status, shall propose suspension or revocation of the registered intern status of that individual to the review board if he or she is found to have committed fraud, abuse, willful negligence, or has demonstrated incompetence identified by that individual’s supervisor or a certified technician, verified by a second certified technician.

(B) The review board shall evaluate any proposal by the MQE to suspend or revoke the registered intern status of an individual to determine whether actions should be taken against that individual in the public interest.

Depending upon the seriousness of the individual’s acts or omissions, the existence of past review board actions against him or her, and any mitigating factors, the review board may take the following actions against that individual:

1. Issue a written reprimand to the individual and supervisor if the supervisor is found to have contributed to improper procedures performed by the registered intern. The supervisor will be subject to 7 CSR 10- 23.030;

2. Suspend the registered intern status held by the individual, reserving the right for the review board to establish in each case the effective date and length of any suspension, not to exceed six (6) months in duration;

3. Revoke the registered intern status held by the individual, prohibiting the individual from seeking registered intern status and certification pursuant to 7 CSR 10- 23.020 for a period of up to one (1) year; or 4. Revoke the registered intern status held by the individual, prohibiting the individual from seeking certification pursuant to

7 CSR 10-23.020 for a period of up to five (5) years. {#sec-7-csr-10-23.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-23.020}

(C) The MQE must notify the individual with registered intern status in writing within ten (10) working days of any determinations made by the review board on a proposal to suspend or revoke the individual’s registered intern status by the MQE.

(D) Any actions taken by the review board against an individual with registered intern status, except for registered intern status revocation, will be removed from the individual’s existing record five (5) years after the date of such actions.

(3) Appeal.

(A) Request for Informal Hearing.

1. When the MQE notifies a technician of a decision made by the review board concerning a proposal to suspend or revoke his or her certification, the technician will have the opportunity to present information and arguments and request an informal hearing by the review board. Such request must be submitted in writing to the review board through the MQE within thirty (30) days of the determination made by the review board.

2. When the MQE notifies an individual with registered intern status of a decision made by the review board concerning a proposal to suspend or revoke his or her registered intern status, the individual will have the opportunity to present information and arguments and request an informal hearing by the review board. Such request must be submitted in writing to the review board through the MQE within thirty (30) days of the determination made by the review board.

(B) Procedure. If a technician or an individual with registered intern status requests a timely informal hearing, the review board, through the MQE, shall advise that person of the time, date, and place of the informal hearing. This is not a contested case under Chapter 536, RSMo. The rules of evidence shall not apply at the informal hearing.

(C) Recourse. The decision of the review board after an informal hearing is considered final.

Part 637.* Original rule filed May 7, 2002, RSMo 1939, amended 1993, 1995; and 227.030, RSMo 1939.

Chapter 24 Design-Build Project Contracts

7 CSR 10-24.010 Definitions {#sec-7-csr-10-24.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.010}

PURPOSE: This rule provides definitions used throughout this chapter. 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 This note applies only to the reference material. The entire text of the rule is printed here.

(1) Unless otherwise specified, in addition to the definitions provided for in this rule, the definitions in Title 23, United States Code (U.S.C.) section 101(a) are applicable to this

chapter whether or not specifically restated, or revised herein, and in their unrevised form to the extent not in conflict with this chapter.

Title 23 U.S.C. section 101(a) is incorporated by reference into and made a part of this intendent of Documents, 732 N Capitol Street NW, Washington, D.C. 20402-0001, website: http://bookstore.gpo.gov on January 1, 2012. This rule does not incorporate any subsequent amendments or additions to the United States Codein 23 U.S.C. 101(a).

(2) Adjusted low bid means a form of best value selection in which qualitative aspects are scored on a numerical scale expressed as a decimal; price is then divided by qualitative score to yield an “adjusted bid” or “price per quality point.” Award is made to proposer with the lowest adjusted bid.

(3) Alternate technical concept (ATC) means alternative concepts to the technical design requirements in the Request for Proposal (RFP) that are equal or better in quality or effect as determined by the contracting agency in its sole discretion and which have successfully been used elsewhere under comparable circumstances. A concept is not an ATC if it merely seeks to reduce quantities, performance, or reliability, or seeks a relaxation of the contract requirements.

(4) Best value selection means any selection process in which proposals contain both price and qualitative components and award is based upon a combination of price and qualitative considerations.

(5) Clarifications means a written or oral exchange of information that takes place after the receipt of proposals when award without discussions is contemplated. The purpose of clarifications is to address minor or clerical revisions in a proposal.

(6) Commission means the Missouri Highways and Transportation Commission.

(7) Communications are exchanges, between the contracting agency and proposers, after receipt of proposals, which lead to the establishment of the competitive range.

(8) Competitive acquisition means an acquisition process that is designed to foster an impartial and comprehensive evaluation of proposers’ proposals, leading to the selection of the proposal representing the best value to the contracting agency.

(9) Competitive range means a list of the most highly rated proposals based on the initial proposal rankings. It is based on the rating of each proposal against all evaluation criteria.

(10)

Construction means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway, including bond costs and other costs relating to the issuance of bonds whether in accordance with 23 U.S.C.

section 122 or other debt financing instruments and costs incurred by the state in performing project related audits that directly benefit the state highway program. Title 23 U.S.C. section 122 is incorporated by reference into and made a part of this rule as published by the United States Superintendent of Documents, 732 N Capitol Street NW, Washington, D.C. 20402-0001, website: amendments or additions to the United States Codein 23 U.S.C. 122. Such term includes:

(A) Locating, surveying, and mapping (including the establishment of temporary and permanent geodetic markers in accordance with specifications of the National Oceanic and Atmospheric Administration of the Department of Commerce);

(B) Resurfacing, restoration, and rehabilitation;

(C) Acquisition of rights-of-way;

(D) Relocation assistance, acquisition of replacement housing sites, and acquisition and rehabilitation, relocation, and construction of replacement housing;

(E) Elimination of hazards of railway grade crossings;

(F) Elimination of roadside obstacles;

(G) Improvements that directly facilitate and control traffic flow, such as grade separation of intersections, widening of lanes, channelization of traffic, traffic control systems, and passenger loading and unloading areas;

(H) Capital improvements that directly facilitate an effective vehicle weight enforcement program, such as scales (fixed and portable), scale pits, scale installation, and scale houses.

(11) Contracting agency means the public agency awarding and administering a designbuild contract. The contracting agency may be the commission, MoDOT or another state or local public agency.

(12) Deficiency means a material failure of a proposal to meet a contracting agency requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

(13) Design means any design activities and includes the preparation of construction plans and detailed specifications for the performance of construction work.

(14) Design-build contract means a single contract that provides for design and construction, including any related services and materials, of a state highway project by a contractor or private developer. The term encompasses alternative project delivery methods including design-build, design-build-operate-maintain, design-build-operate, design-build-maintain, design-build-finance, design-build-financeoperate-maintain, engineer-procure-construct, and other contracts that include services in addition to design and construction.

(15) Design-builder means an individual, corporation, partnership, joint venture, limited liability company, limited liability partnership, or other entity making a proposal to be contractually responsible to perform, or which is performing, the project design and construcunder a design-build contract.

(16) Disadvantaged business enterprise (DBE) means a for-profit small business concern— (A) That is at least fifty-one percent (51%) owned by one (1) or more individuals who are both socially and economically disadvan taged or, in the case of a corporation or other business entity, in which fifty-one percent (51%) of the stock or shares are owned by one (1) or more socially and economically disadvantaged individuals; and (B) Whose management and daily business operations are controlled by one (1) or more of those socially and economically disadvantaged individuals who own the disadvantaged business enterprise.

(17) Discussions mean written or oral exchanges that take place after the establishment of the competitive range with the intent of allowing the proposers to revise their proposals.

(18) Division Administrator means the Division Administrator, Missouri Division of the Federal Highway Administration, United States Department of Transportation (FHWA).

(19) Fixed price/best design means a form of best value selection in which contract price is established by the contracting agency and stated in the Request for Proposals document.

Design solutions and other qualitative factors are evaluated and rated, with award going to the firm offering the best qualitative proposal for the established price.

(20) Highway includes:

(A) A road, street, and parkway;

(B) A right-of-way, bridge, railroad-highway crossing, tunnel, drainage structure, sign, guardrail, and protective structure, in connecwith a highway; and (C) A portion of any interstate bridge or tunnel and the approaches thereto, the cost of which is assumed by the commission.

(21) Intelligent Transportation System (ITS) services means services which provide for the acquisition of technologies or systems of technologies (e.g., computer hardware or software, traffic control devices, communications link, fare payment system, automatic vehicle location system, etc.) that provide or contribute to the provision of one (1) or more ITS user services as defined in the National ITS Architecture. National ITS Architecture is incorporated by reference into and made a part of this rule as published by the United States Department of Transportation Office of the Assistant Secretary for Research and Technology, 1200 New Jersey Ave., SE, Washington, D.C. 20590, website: http://its.dot.gov December, 2014. This rule does not incorporate any subsequent amendments or additions to the National ITS Architecture.

(22) Interstate system means the Dwight D.

Eisenhower National System of Interstate and Defense Highways described in 23 U.S.C.

section 103(c).

(23) Modified design-build means a variation of design-build in which the contracting agency furnishes offerors with partially complete plans. The design-builders role is generally limited to the completion of the design and construction of the project.

(24) National Highway System (NHS) means the federal-aid highway system described in 23 U.S.C. section 103(b). Title 23 U.S.C.

section 103(b) is incorporated by reference into and made a part of this rule as published by the United States Superintendent of Documents, 732 N Capitol Street NW, Washington, D.C. 20402-0001, website : http://bookstore.gpo.gov on January 1, 2012. This rule does not incorporate any subsequent amendments or additions to the United States Code in 23 U.S.C. 103(b).

(25) Organizational conflict of interest means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the contracting agency, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

(26) Prequalification means the contracting agency’s process for determining whether a firm is fundamentally qualified to compete for a certain project or class of projects. The prequalification process may be based on financial, management and other types of qualitative data. Prequalification should be distinguished from short listing.

(27) Price proposal means the price submitted by the offeror to provide the design and construction services set forth in the request for proposal.

(28) Project manager means the person designated by the contracting agency whose specific authority will be set forth in the contract documents.

(29) Proposal modification means a change made to a proposal before the solicitation closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

(30) Proposal revision means a change to a proposal made after the solicitation closing date, at the request of or as allowed by a contracting agency, as the result of negotiations.

(31)

Project agreement means the formal instrument to be executed by the commission and the secretary under 23 U.S.C. section 106. Title 23 U.S.C. section 106 is incorporated by reference into and made a part of this intendent of Documents, 732 N Capitol Street NW, Washington, D.C. 20402-0001, website: amendments or additions to the United States Codein 23 U.S.C. 106.

(32) Request for Proposal (RFP) means a document that describes the procurement process, forms the basis for the final proposals and may potentially become an element in the contract. In any design-build contract, whether involving state or federal funds, a detailed DBE participation plan is to be included in each proposer’s request for qualifications that provides information describing the experience of the proposer in meeting DBE participation goals, how the proposer intends to meet the DBE goal for the designbuild project, and such other qualifications that the commission considers to be in the best interest of the state.

(33) Request for Qualification (RFQ) means a document issued by the contracting agency describing the project in enough detail to let potential proposers determine if they wish to compete and forms the basis for requesting qualifications submissions from which the most highly qualified proposers can be identified.

(34) Secretary means the Secretary of Transportation of the United States Department of Transportation.

(35) Short listing means the narrowing of the field of offerors through the selection of the most qualified proposers who have responded to an RFQ.

(36) Solicitation means a public notification of a contracting agency’s need for information, qualifications, or proposals related to identified services.

(37) Standard design-build means a procurement process in which the first phase consists of short listing (based on qualifications submitted in response to an RFQ) and the second phase consists of the submission of price and technical proposals in response to an RFP.

(38) State means the state of Missouri, 4CODE OF STATE REGULATIONS MoDOT, or commission.

(39) State funds means funds raised under the

(40) Stipend means a monetary amount paid to unsuccessful proposers.

(41) Technical proposal means that portion of a design-build proposal that contains design solutions and other qualitative factors that are provided in response to the RFP document.

(42) Tradeoff means an analysis technique involving a comparison of price and nonprice factors to determine the best value when considering the selection of other than the lowest priced proposal.

(43) Transportation corporation means any transportation corporation organized under sections 238.300 to 238.367, RSMo.

(44) Transportation development district means a transportation development district organized under sections 238.200 to 238.280, RSMo.

(45) Weakness means a flaw in the proposal that increases the risk of unsuccessful contract performance. A significant weakness in the proposal is a flaw that appreciably increases the risk of unsuccessful contract performance.

(46) Weighted criteria process means a form of best value selection in which maximum point values are pre-established for qualitative and price components, and award is based upon high total points earned by the proposers.

History

• authority of the state or any political or other subdivision thereof, and made available for expenditure under direct control of the commission or MoDOT.

7 CSR 10-24.020 General {#sec-7-csr-10-24.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.020}

PURPOSE: This rule sets forth the scope of the chapter.

rial. The entire text of the rule is printed (1) This chapter describes the commission’s policies and procedures for approving designbuild projects financed under Title 23, United States Code(U.S.C.), by use of state funds, by use of funds of local public agencies or counties, or any combination of fund sources.

All acquisitions under these rules are competitive acquisitions.

(2) The provisions of this chapter apply to all design-build projects within the state highway system, interstate or National Highway System (NHS) highway or linked to a federal-aid highway project (i.e., the project would not exist without another federal-aid highway project).

(3) The design-build contracting technique is optional and its use by the commission is limited by federal and state law.

(4) Relations of the National Environmental Protection Act (NEPA) review process to the design-build procurement process.

(A) A commission Request for Qualification (RFQ) solicitation may be released prior to the conclusion of the NEPA review process as long as the RFQ solicitation informs proposers of the general status of the NEPA process.

(B) A commission Request for Proposal (RFP) may be issued prior to the conclusion of the NEPA process as long as the RFP informs proposers of the general status of the NEPA process and that no commitment will be made as to any alternative under evaluation in the NEPA process, including the nobuild alternative as defined in Title 23, Code of Federal Regulations(CFR) 636.109. Title 23, CFR, section 636.109 is incorporated by reference into and made a part of this rule as published by the United States Superintendent of Documents, 732 N Capitol Street NW, Washington, D.C. 20402-0001, website: http://bookstore.gpo.gov on January 1, 2012. This rule does not incorporate any subsequent amendments or additions to the Code of Federal Regulations in 23 CFR 636.109.

(C) The environmental commitments and mitigation measures identified during the NEPA process are included in the commission’s RFP for the design-built project, including how such commitments and mitigation measures will be implemented.

7 CSR 10-24.030 Procedures for Solicitations and Receipt of Proposals {#sec-7-csr-10-24.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.030}

PURPOSE: This rule lists procedures appropriate for solicitation and receipt of proposals, provides for oral presentations during the procurement process and restricts team changes. 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 This note applies only to the reference material. The entire text of the rule is printed here.

(1) In addition to the public notice set forth in

section 227.107.18, RSMo, the commission may use additional procedures deemed appropriate for the solicitation and receipt of proposals and information, including the following:

(A) Exchanges with industry before receipt of proposals;

(B) Request for Qualification (RFQ), Request for Proposal (RFP) and contract format;

(C) Solicitation schedules;

(D) Lists of forms, documents, exhibits, and other attachments;

(E) Representations and instructions;

(F) Handling proposals and information;

(G) Submission, modification, revisions and withdrawal of proposals.

(2) All responses to the RFQ will be evaluated by the pre-qualification review/short listing team, which is comprised of the following Missouri Department of Transportation (MoDOT) staff or their designated representative: chief engineer, chief financial officer, assistant chief engineer, financial services director, one (1) or more district engineer(s), project manager for the given project, state construction and materials engineer, state bridge engineer, and the state design engineer.

An external partner(s) may be asked to act as an observer to the pre-qualification/ short listing process.

(3) Use of Oral Presentations During the Procurement Process.

(A) Oral presentations as a substitute for portions of a written proposal may be used in streamlining the source selection process. Oral presentations may occur at any time in the acquisition process and comply with any appropriate federal procurement integrity standards contained in 23 CFR 636.111. Title 23 CFR section 636.111 is incorporated by reference into and made a part of this rule as published by the United States Superintendent of Documents, 732 N Capitol Street NW, Washington, D.C. 20402-0001, website: amendments or additions to the Code of Federal Regulationsin 23 CFR 636.111.

(B) Oral presentations may augment written information. The commission or MoDOT will maintain a record of oral presentations to document what information was relied upon in making the source selection decision. The commission will decide the appropriate method and level of detail for the record (e.g., videotaping, audio tape recording, written record, contracting agency notes, copies of proposer briefing slides, or presentation notes). A copy of the record will be placed in the contract file and may be provided to proposers upon request.

(4) Restrictions on a proposer’s team changes after the proposer’s response to an RFQ where the proposer’s qualifications are a major factor in the selection of the successful design-builder, such as team member switching (adding or switching team members), is discouraged after submission of response to an RFQ. However, the commission may use its discretion in reviewing team changes or team enhancement requests on a case-by-case

basis. Any specific project rules related to changes in team members or changes in personnel within teams will be explicitly stated in a project solicitation.

Aug. 15, 2005, effective Feb. 28, 2006.

7 CSR 10-24.050 Types of Projects in Which Design-Build Contracting May Be Used {#sec-7-csr-10-24.050 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.050}

PURPOSE: This rule provides for the types of projects in which design-build method may be used.

(1) Subject to the provisions of 227.107, RSMo, the design-build contracting technique may be used for any project which the commission deems to be appropriate on the basis of project delivery time, cost, construction schedule, and/or quality.

7 CSR 10-24.060 Stipends {#sec-7-csr-10-24.060 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.060}

PURPOSE: This rule provides for the payment of stipends, if elected by the commission, and the criteria used in determining the amount of stipend.

(1) The commission will pay a reasonable stipend to unsuccessful proposers who have submitted responsive proposals.

(2) On federal-aid projects stipends are eligible for federal-aid participation. Proposers will cooperate in providing such records and complying with such process in order for the commission to obtain federal participation.

(3) Stipend amount determination may consider:

(A) Project scope;

(B) Substantial opportunity for innovation;

(C) The cost of submitting a proposal;

(D) Encouragement of competition;

(E) Compensate unsuccessful proposers for a portion of their costs (usually one-third to one-half (1/3 to 1/2) of the estimated proposa l development cost); and (F) Ensure that smaller companies are not put at a competitive disadvantage.

(4) The commission will retain the right to use ideas from both successful and unsuccessful proposers, if the stipend is accepted.

The Request for Proposal (RFP) will describe the process for distributing the stipend to qualifying proposers and transfer of ownership of ideas in intellectual property of both the successful and qualifying unsuccessful proposers.

7 CSR 10-24.070 Risk Allocation {#sec-7-csr-10-24.070 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.070}

PURPOSE: This rule provides for factors to be considered in risk allocation.

(1) The commission will consider, identify, and allocate the risks in the Request for Proposal (RFP) document and define these risks in the contract. Risk will be allocated with consideration given to the party who is in the best position to manage and control a given risk or the impact of a given risk.

(2) Risk allocation will vary according to the type of project and location, however, the following factors should be considered and will be used to the extent the commission considers them appropriate:

(A) Governmental risks, including the potential for delays, modifications, withdrawal, scope changes, or additions that result from multi-level federal, state, and local participaand sponsorship;

(B) Regulatory compliance risks, including environmental and third-party issues, such as permitting, railroad, and utility company risks;

(C) Construction phase risks, including differing site conditions, traffic control, interim drainage, public access, weather issues, and schedule which good engineering and contracting practice would take into account in determining site investigation plan and design, which reflect sub-surface or latent physical conditions which are known, discoverable or which a reasonable person would be on notice to investigate or expect or which are inherent in the type of work and geographic location of the work;

(D) Post-construction risks, including public liability and meeting stipulated performance standards; and (E) Right-of-way risks including acquisi 6CODE OF STATE REGULATIONS costs, appraisals, relocation delays, condemnation proceedings, including court costs, and others.

(3) Information exchange with industry at an early project stage will occur if it will facilitate understanding of the capabilities of potential proposers and such exchange of information can be made consistent with state procurement integrity requirements. Information exchanges may take place with potential proposers, end users, acquisition and supporting personnel, and others involved in the conduct or outcome of the acquisition.

(4) The purpose of exchanging information is to improve the understanding of the commission requirements for the design-build project and industry capabilities, thereby allowing potential proposers to judge whether or how they can satisfy those requirements, and enhancing the commission’s ability to obtain quality supplies and services, including construction, at reasonable prices, and increase efficiency in proposal preparation, proposal evaluation, negotiation, and contract award.

(5) An early exchange of information may identify and resolve concerns regarding the acquisition strategy, including proposed contract type, terms and conditions, and acquisition planning schedules. This also includes the feasibility of the requirement, including performance requirements, statements of work, and data requirements; the suitability of the proposal instructions and evaluation criteria, including the approach for assessing past performance information; the availability of reference documents; and any other industry concerns or questions. Some techniques that may be used to promote early exchanges of information are:

(A) Industry or small business conferences;

(B) Public hearings;

(C) Market research;

(D) One-on-one meetings with potential proposers (except that any meetings that are substantially involved with potential contract terms and conditions will include the Missouri Department of Transportation (MoDOT) project manager designated for the project and are subject to the restrictions on disclosure of information set out in section (7) of this rule);

(E) Pre-solicitation notices;

(F) Draft RFPs;

(G) Request for Information (RFI) ;

(H) Pre-solicitation or pre-proposal conferences; and (I) Site visits.

(6) RFIs may be used when the commission does not intend to award a contract, but wants to obtain price, delivery, other market information, or capabilities for planning purposes.

Responses to these notices are not offers and cannot be accepted to form a binding contract.

(7) When specific information about a proposed acquisition that would be necessary for the preparation of proposals is disclosed to one or more potential proposers, that information shall be made available to all potential proposers as soon as practicable, but no later than the next general release of information, in order to avoid creating an unfair competitive advantage. Information provided to a particular proposer in response to that proposer’s request must not be disclosed if doing so would reveal the potential proposer’s confidential business strategy. When a pre-solicitation or pre-proposal conference is conducted, materials distributed at the conference will be made available to all potential proposers, upon request.

7 CSR 10-24.080 Organizational Conflicts of Interest {#sec-7-csr-10-24.080 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.080}

PURPOSE: This rule describes the conflict of interest policy applicable to design-build projects.

rial. The entire text of the rule is printed (1) State statutes, regulations, or policies concerning organizational conflict of interest will be specified or referenced in the design-build Request for Qualification (RFQ) or Request for Proposal (RFP) document as well as any contract for engineering services, inspection, or technical support in the administration of the design-build contract. All design-build solicitations will address the following situations as appropriate:

(A) Consultants and sub-consultants who assist the commission in the preparation of a RFP document will not be allowed to participate as a proposer or join a team submitting a proposal in response to the RFP. However, the commission may determine there is not an organizational conflict of interest for a consultant or sub-consultant where:

1. The role of the consultant or sub-consultant was limited to provision of preliminary design, reports, or similar “low-level” documents that will be incorporated into the RFP, and did not include assistance in development of instructions to proposers or evaluation criteria; or 2. Where all documents and reports delivered to the commission by the consultant or sub-consultant are made available to all offerors;

(B) All solicitations for design-build contracts, including related contracts for inspection, administration, or auditing services, must include an organizational conflicts of interest provision which:

1. Directs proposers attention to this

section;

2. States the nature of the potential conflict as seen by the commission;

3. States the nature of the proposed restraint or restrictions, and duration, upon future contracting activities, if appropriate;

4. Depending on the nature of the acquisition, states whether or not the terms of any proposed clause and the application of this

section to the contract are subject to negotiation; and 5. Specifies the information concerning potential organizational conflicts of interest apparent successful proposers shall include in their proposals. The information may be in the form of a disclosure statement or a certification; and (C) Based upon a review of the information submitted, the commission will make a written determination of whether the proposer’s interests create an actual or potential organizational conflict of interest and identify any actions that must be taken to avoid, neutralize, or mitigate such conflict. There should be an award of the contract to the apparent successful proposer unless an organizational conflict of interest is determined to exist that cannot be avoided, neutralized, or mitigated, in the judgment of the commission.

(2) State laws and procedures governing improper business practices and personal conflicts of interest will apply to the commission selection team members. In design-build projects funded with federal-aid highway funds, the requirements of Title 48, Code of Federal Regulations(CFR) Part 3, Improper Business Practices and Personal Conflicts of Interest, will apply to selection team members. Title 48 CFR Chapter 3, Subchapter A,

Part 303, Improper Business Practices and Personal Conflicts of Interest, is incorporated by reference into and made a part of this intendent of Documents, 732 N Capitol Street NW, Washington, D.C. 20402-0001, website: http://bookstore.gpo.gov on January 1, 2012. This rule does not incorporate any subsequent amendments or additions to the Code of Federal Regulationsin 48 CFR

Chapter 3, Subchapter A, Part 303.

7 CSR 10-24.100 Selection Procedures and Award Criteria {#sec-7-csr-10-24.100 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.100}

PURPOSE: This rule provides the criteria used to determine whether standard designbuild or modified design-build procedures will be used.

(1) The commission will use a two- (2-) phase selection procedure for all design-build projects. If it is determined by the commission that the design-build procedure is not appropriate for a given project, based on the criteria in 7 CSR 10-24.130, the modified design-build contracting method may be utilized.

(2) The following criteria will be used to decide whether design-build or modified design-build selection procedures are appropriate:

(A) The number of offers anticipated;

(B) Proposers are expected to perform substantial design work before developing price proposals;

(C) Proposers will incur a substantial expense in preparing proposals; and (D) Commission has sufficiently defined and analyzed other contributing factors, including:

1. The requirements of the project;

2. The time constraints for delivery of the project;

3. The capability and experience of potential contractors;

4. Commission capabilities to manage the standard design-build selection process;

5. Any other criteria that the commission may consider appropriate.

(3) The commission will identify the selection procedure and award criteria in the Request for Qualification (RFQ). The following will determine the type of selection procedure and award criteria used by the commission:

(4) Commission will base the source selection decision on a comparative assessment of proposals against all selection criteria in the solicitation. Commission may use reports and analyses prepared by others, however, the source selection decision represents the commission’s independent judgment.

(5) The source selection decision will be documented, and the documentation will include the rationale for any business judgments and tradeoffs made or relied on, including benefits associated with additional costs. Although the rationale for the selection decision is documented, that documentation need not quantify the tradeoffs that led to the decision.

(6) A minimum of two (2) to a maximum of five (5) firms will be short-listed. If the commission fails to receive offers from at least two (2) responsive proposers, the offers will not be opened; and the commission may readvertise the project.

7 CSR 10-24.110 Solicitation Procedures for Competitive Proposals {#sec-7-csr-10-24.110 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.110}

PURPOSE: This rule provides the elements included in phase one and phase two solicitation procedures.

(1) The first phase consists of a short listing based on a Request for Qualification (RFQ).

(2) The second phase consists of the receipt and evaluation of price and technical proposals in response to a Request for Proposal (RFP).

(3) The commission may include the following items in any phase one solicitation:

(A) The scope of the work;

(B) The cost estimate of the design-build project;

(C) The project completion date; and (D) A detailed disadvantaged business enterprise (DBE) participation plan including:

1. Information describing the experience of the proposer in meeting DBE participation goals;

2. How the proposer will meet the commission DBE participation goal; and 3. Such other qualifications that the commission considers to be in the best interest of the state as stated in the RFQ;

(E) The phase one evaluation factors and their relative weights, including:

1. Technical approach (but not detailed design or technical information);

2. Technical qualifications, such as:

A. Specialized experience and technical competence;

B. The capability of proposers to perform, including key personnel; and C. Past performance of the members of the proposer’s team, including the architect-engineer and construction members;

3. Other appropriate factors, excluding cost or price related factors which are not permitted in phase one; and (F) Phase two evaluation factors; and (G) A statement of the maximum number of proposers that will be short-listed to submit phase two proposals.

(4) The commission will include the requirements for separately submitted sealed technical proposals and price proposals in the phase two solicitation. All factors and significant subfactors that will affect contract award and their relative importance will be stated clearly in the solicitation. The commission will use its own procedures for the solicitation as long as it complies with the requirements of this section.

(5) The commission may allow proposers to submit alternate technical concepts in their proposals as long as these alternate concepts do not conflict with criteria agreed upon in the environmental decision making process.

Alternate technical concept proposals may supplement, but not substitute for base proposals that respond to the RFP requirements.

8CODE OF STATE REGULATIONS

Selection procedure Award criteria options Standard Design- Build Selection Procedures Lowest price, adjusted low bid (price per quality point), meets criteria/low bid, weighted criteria process, fixed price/best design, best value.

Modified Design-Build Lowest price technically acceptable.

Aug. 15, 2005, effective Feb. 28, 2006.

7 CSR 10-24.120 Past Performance {#sec-7-csr-10-24.120 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.120}

PURPOSE: This rule provides for the use of past performance information in evaluating contractor during either phase one or phase two solicitations.

(1) If the commission elects to use past performance criteria as an indicator of a proposer’s ability to perform the contract successfully, the information may be used as evaluation criteria in either phase one or phase two solicitations. The currency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance may be considered.

(2) For evaluating proposers with no relevant performance history, the commission will provide proposers an opportunity to identify past or current contracts, including federal, state, and local government and private, for efforts similar to the current solicitation.

(3) If the commission elects to request past performance information, the solicitation will also authorize proposers to provide information on problems encountered on the identified contracts and the proposer’s corrective actions. The commission may consider this information, as well as information obtained from any other sources, when evaluating the proposer’s past performance.

(4) The commission may, at its discretion, determine the relevance of similar past performance information.

(5) The evaluation will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the current acquisition.

(6) The commission may use any existing prequalification procedures for either con struction or engineering design firms as a supplement to the procedures in this section.

Aug. 15, 2005, effective Feb. 28, 2006.

7 CSR 10-24.130 Modified Design-Build Procedures {#sec-7-csr-10-24.130 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.130}

PURPOSE: This rule describes the modified design-build selection procedures.

(1) Modified design-build selection procedures, the lowest price technically acceptable source selection process, may be used for any project.

(2) The Request for Proposal (RFP) will clearly state the following:

(A) The identification of evaluation factors and significant subfactors that establish the requirements of acceptability; and (B) That award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for noncost factors.

(3) Tradeoffs will not be permitted, unless the tradeoff is in accordance with 7 CSR 10- 24.110. However, the commission may incorporate cost-plus-time (A+B) bidding procedures, lane rental, or other cost-based provisions in such contracts.

(4) Proposals will be evaluated for acceptability but not ranked using the noncost/price factors.

(5) Exchanges may occur in accordance with

7 CSR 10-24.300 through 7 CSR 10-24.330. {#sec-7-csr-10-24.300 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.300}

7 CSR 10-24.140 Tradeoffs in Design-Build Contracting {#sec-7-csr-10-24.140 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.140}

PURPOSE: This rule describes when and how tradeoffs should be used in awarding a design-build contract and documentation of the tradeoff decisions.

(1) At its discretion, the commission may consider the tradeoff technique when it is desirable to award to other than the lowest priced proposer or other than the highest technically rated proposer.

(2) If the commission uses a tradeoff technique, the following is to be clearly stated in the solicitation:

(A) All evaluation factors and significant subfactors that affect contract award and the factor’s relative importance; and (B) Whether all evaluation factors other than cost or price, when combined, are— 1. Significantly more important than cost or price; or 2. Approximately equal in importance to cost or price; or 3. Significantly less important than cost or price.

(3) When tradeoffs are performed, the source selection records must include the following:

(A) An assessment of each proposer’s ability to accomplish the technical requirements;

(B) A summary, matrix, or quantitative ranking, along with appropriate supporting narrative, of each technical proposal using the evaluation factors.

7 CSR 10-24.150 Use of a Competitive Range to Limit Competition {#sec-7-csr-10-24.150 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.150}

PURPOSE: This rule provides for establishing a competitive range to limit competition.

(1) The solicitation may notify proposers that a competitive range can be used for purposes of efficiency. The commission may limit the number of proposals to a number that will permit efficient competition. The commission will provide written notice of elimination to any proposer whose proposal is not within the competitive range. Proposers eliminated from the competitive range may request a debriefing according to procedure approved by the commission. The commission may provide for pre-award or post-award debriefings.

7 CSR 10-24.200 Proposal Evaluation Factors {#sec-7-csr-10-24.200 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.200}

PURPOSE: This rule describes the selection of the proposal evaluation factors and the limitations on the selection and the possible inclusion of prequalification standards.

(1) The commission will select proposal evaluation factors and significant subfactors for each design-build and modified design-build project, which will be clearly stated in the solicitation.

(A) The proposal evaluation factors and significant subfactors will be tailored to the acquisition.

(B) Evaluation factors and significant subfactors will— 1. Represent the key areas of importance and emphasis to be considered in the source selection decision; and 2. Support meaningful comparison and discrimination between and among competing proposals.

(2) Limitations on the Selection and Use of Proposal Evaluation Factors Are as Follows:

(A) The selection of the evaluation factors, significant subfactors and their relative importance are within the commission’s broad discretion subject to the following:

1. The commission will evaluate price in every source selection where construction is a significant component of the scope of work;

2. The commission will evaluate the quality of the product or service through consideration of one (1) or more nonprice evaluation factors. These factors may include (but are not limited to) such criteria as:

A. Compliance with solicitation requirements;

B. Completion schedule (contractual incentives and disincentives for early completion may be used where appropriate); or C. Technical solutions;

3. The commission may evaluate past performance, technical experience and management experience;

4. The commission may include prequalification standards when the scope of the work involves very specialized technical expertise or specialized financial qualifications;

(B) Disadvantaged Business Enterprise (DBE) commitments exceeding the commission’s stated goal will not be used as a proposal evaluation factor in determining the successful proposer.

7 CSR 10-24.210 Process to Review, Rate, and Score Proposals {#sec-7-csr-10-24.210 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.210}

PURPOSE: This rule describes the process used to rate and score proposals.

(1) Technical and price proposals will normally be reviewed independently by separate evaluation teams. However, there may be occasions where the same evaluators needed to review the technical proposals are also needed in the review of the price proposals.

This may occur where a limited amount of technical expertise is available to review proposals. Price information may be provided to such evaluators in accordance with this chapter and the provisions of the Request for Proposal (RFP).

(2) Proposal evaluation is an assessment of the proposer’s proposal and ability to perform the prospective contract successfully.

The commission will evaluate proposals solely on the factors and subfactors specified in the solicitation.

(3) Any rating method or combination of methods, including, but not limited to, color or adjectival ratings, numerical weights, and ordinal rankings, may be used when proposal evaluations are conducted to determine the relative strengths, deficiencies, weaknesses, and risks of the proposal.

7 CSR 10-24.300 Information Exchange, General {#sec-7-csr-10-24.300 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.300}

PURPOSE: This rule describes the types of information exchange that may take place either prior to or after the release of the Request for Proposal.

rial. The entire text of the rule is printed (1) Verbal or written information exchanges, prior to the release of the Request for Proposal (RFP) document, must be consistent with state and/or local procurement integrity requirements, as well as those provided in Title 23, Code of Federal Regulations(CFR) 636.115 and 7 CSR 10-24.070. Title 23 CFR section 636.115 is incorporated by reference into and made a part of this rule as published by the United States Superintendent of Documents, 732 N Capitol Street NW, Washington, D.C. 20402-0001, website: http://bookstore.gpo.gov on January 1, 2012. This rule does not incorporate any subsequent amendments or additions to the Code of Federal Regulationsin 23 CFR 636.115.

(2) Information exchange may be used at different points after the release of the RFP document. The following table summarizes the types of communications that will be discussed in 7 CSR 10-24.310 through 7 CSR 10-24.330. These communication methods are optional.

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(3) Commission will not engage in information exchanges that— (A) Favor one proposer over another;

(B) Reveal a proposer’s technical solution, including unique technology, innovative and unique uses of commercial items, or any information that would compromise a proposer’s intellectual property to another proposer;

(C) Reveal a proposer’s price without that proposer’s permission;

(D) Reveal the names of individuals providing reference information about a proposer’s past performance; or (E) Knowingly furnish source selection information that could be in violation of Missouri procurement integrity standards applicable to the commission.

7 CSR 10-24.310 Clarifications {#sec-7-csr-10-24.310 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.310}

PURPOSE: This rule describes the “clarification” type of information exchange.

(1) The commission may clarify any aspect of proposals that would enhance the commission’s understanding of a proposer’s proposal. Clarification exchanges are discretionary.

They do not have to be held with any specific number of proposers and do not have to address specific issues.

(2) Clarification may include information such as a proposer’s past performance to which the proposer has not previously had an opportunity to respond.

(3) The commission may clarify and revise the Request for Proposal (RFP) document through an addenda process in response to questions from potential proposers.

7 CSR 10-24.320 Communications {#sec-7-csr-10-24.320 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.320}

PURPOSE: This rule describes the “communications” type of information exchange.

(1) Communications may be considered in rating proposals for the purpose of inclusion in the competitive range. Prior to determining inclusion in the competitive range, the commission may conduct communications to:

(A) Enhance the commission’s understanding of proposals;

(B) Allow reasonable interpretation of the proposal; or (C) Facilitate the commission’s evaluation process.

(2) Prior to establishing the competitive range, the commission will hold communications with proposers:

(A) Whose past performance information is the determining factor preventing them from being placed within the competitive range and address adverse past performance information to which a proposer has not had a prior opportunity to respond; and (B) Whose exclusion from, or inclusion in, the competitive range is uncertain.

(3) Communications will not be used to:

(A) Cure proposal deficiencies or material omissions;

(B) Materially alter the technical or cost elements of the proposal; or (C) Otherwise revise the proposal.

(4) Communications may be used to address the following:

(A) Ambiguities in the proposal or other concerns such as perceived deficiencies, weaknesses, errors, omissions, or mistakes;

(B) Information relating to relevant past performance.

7 CSR 10-24.330 Discussions {#sec-7-csr-10-24.330 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.330}

PURPOSE: This rule describes the “discussions” type of information exchange.

(1) After receipt of proposals and determination of the competitive range, the commission may use discussions to maximize its ability to obtain the best value, based on the requirements and the evaluation factors set forth in the solicitation.

(2) If discussions are held, they will be conducted with all proposers in the competitive range. If the commission wishes to hold discussions and did not formally establish a competitive range, then the commission will hold discussions with all responsive proposers.

(3) Discussions should be tailored to each proposer’s proposal. Discussions will cover significant weaknesses, deficiencies, and other aspects of a proposal (such as cost or price, technical approach, past performance, and terms and conditions) that could be altered or explained to enhance materially the proposal’s potential for award. The commission’s discretionary judgment will set limits for the scope and extent of discussions.

(4) In situations where the solicitation stated that evaluation credit would be given for technical solutions exceeding any mandatory minimums, the commission may hold discussions regarding increased performance beyond any mandatory minimums, and the commission may suggest to proposers that have exceeded any mandatory minimums (in ways that are not integral to the design), that their proposals would be more competitive if the excesses were removed and the offered price decreased.

(5) In a competitive acquisition, the commission may employ discussions that may include bargaining. The term bargaining may include: persuasion, alteration of assumptions and positions, give-and-take, and may apply to price, schedule, technical requirements, type of contract, or other terms of a proposed contract.

(6) In competitive acquisitions, the solicitation will notify proposers of the commission’s intent to use or not use discussions.

The solicitation will either— (A) Notify proposers that discussions may be held depending on the quality of the proposals received (except clarifications may be used as described in 7 CSR 10-24.300).

Therefore, the proposer’s initial proposal should contain the proposer’s best terms from a cost or price and technical standpoint; or (B) Notify proposers of commission’s intent to establish a competitive range and hold discussions.

(7) The commission may elect to hold discussions when circumstances dictate. The rationale for doing so will be documented in the 12CODE OF STATE REGULATIONS contract file. Such circumstances may include situations where all proposals received have deficiencies, when fair and reasonable prices are not offered, or when the cost or price offered is not affordable.

(8) The commission may inform a proposer during discussion that its price is considered to be too high, or too low, and reveal the results of the analysis supporting that conclusion. At the commission’s discretion, the commission may notify all proposers the estimated cost for the project determined at a point subsequent to the cost estimate published as part of the public notice of Request for Qualifications.

(9) Final Proposal Revisions as a Result of Discussions.

(A) The commission may request or allow final proposal revisions to clarify and document understandings reached during discussions. At the conclusion of discussions, each proposer may submit a final proposal revision in writing.

(B) The commission will establish a common cut-off date only for receipt of final proposal revisions.

(10) The commission may further narrow the competitive range if a proposer originally in the competitive range is no longer considered to be among the most highly rated proposers being considered for award. That proposer may be eliminated from the competitive range whether or not all material aspects of the proposal have been discussed, or whether or not the proposer has been afforded an opportunity to submit a proposal revision. The commission will provide a proposer excluded from the competitive range with a written determination and notice that proposal revisions will not be considered.

(11) The commission may determine a need to hold more than one (1) round of discussions with proposers, but only at the conclusion of discussions will the proposers be requested to submit a final proposal revision, also called best and final offer (BAFO). Thus, regardless of the length or number of discussions, there will be only one (1) request for a final revised proposal (i.e., only one (1) BAFO) with the intent to make award without obtaining further revisions.

7 CSR 10-24.413 Negotiations Allowed After Source Selection Prior to Contract Execution {#sec-7-csr-10-24.413 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-24.413}

PURPOSE: This rule describes when limited negotiations are allowed.

(1) After the source selection but prior to contract execution, commission may conduct limited negotiations with the selected designbuilder to clarify any remaining issues regarding scope, schedule, financing or any other information provided by that offeror.

These limited negotiations will be subject to the provisions of 7 CSR 10-24.300 in the exchange of this information.

Chapter 25 Motor Carrier Operations

7 CSR 10-25.030 Apportion Registration Pursuant to the International Registration {#sec-7-csr-10-25.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-25.030}

7 CSR 10-25.040 Notice to be Given to Consumers by Household Goods Carriers— TRANSPORTATION Transportation Commission {#sec-7-csr-10-25.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-25.040}

7 CSR 10-25.010 Skill Performance Evaluation Certificates For Commercial Drivers {#sec-7-csr-10-25.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-25.010}

PURPOSE: This rule implements the provisions of section 622.555, RSMo, as enacted by House Bills No. 1270 and No. 2032, 91st General Assembly, Second Regular Session, 2002, by prescribing requirements relating to applications for skill performance evaluation certificates, and the issuance, renewal, suspension, and revocation of those certificates by the commission. These certificates authorize certain individuals, who cannot satisfy the physical qualifications generally required by federal regulations, to drive commercial motor vehicles in intrastate commerce if they satisfy alternative requirements, which demonstrate their ability to maintain an equivalent or greater level of safety while operating commercial motor vehicles. publication of the entire text of the material that 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) Definitions and Substitutions. Except when the context clearly suggests otherwise, the words and terms used in this

rule, or in any federal regulation incorporated by reference in this rule, shall have the meaning stated in this section.

(A) Whenever the terms “application,” “letter of application,”

“written request,” or any similar terms used in the federal

regulation refer to a document to be filed with a federal agency or official, the word “application” shall be substituted for those terms, which means a writing filed with the director, which shall contain all information required to complete the applicable form provided for that purpose by the department.

(B) Whenever the term “commercial motor vehicle” is used in the federal regulation, the term shall include any motor vehicle, or the operator or driver of any motor vehicle, within the jurisdiction of the commission pursuant to the provisions of section 226.008, RSMo.

(C) The word “commission” means the Missouri Highways and Transportation Commission.

(D) The word “department” means the Missouri Department of Transportation.

(E) The word “director” means the director of Motor Carrier Services of the Missouri Department of Transportation.

(F) Except for subsection (4)(A) and section (6) of this rule, whenever the term “exemption” is used in this rule, the term “SPE certificate” shall be substituted for the term “exemption.”

(G) Whenever the term “FMCSA,” “field service center, FMCSA,” or any comparable term is used in the federal regulation, then the words “Missouri Department of Transportation, Motor Carrier Services” shall be substituted for those terms. If the federal regulation prescribes an address applicable to any of these terms, then the current business address of the director of Motor Carrier Services shall be substituted for that address.

(H) Whenever the terms “Federal Motor Carrier Safety Administrator,” “Federal Highway Administrator,” “State Director, FMCSA,” or any comparable terms are used in the federal regulation, then the words “Missouri Department of Transportation, director of Motor Carrier Services” shall be substituted for those terms. If the federal regulation prescribes an address applicable to any of these terms, then the current business address of the director of Motor Carrier Services shall be substituted for that address.

(I) Whenever the word “interstate” is used in the federal

regulation, the word “intrastate” shall be substituted for “interstate.”

(J) The word “SPE certificate” means a skill performance evaluation certificate as defined in subsection 4 of section 622.555, RSMo. Publication of a Missouri Register notice of application for SPE Certificates is not required.

(2) Delegation of Authority. The commission authorizes the director to administer the skill performance evaluation program for intrastate drivers of commercial motor vehicles, as provided in sections 622.027 and 622.555, RSMo, and this

rule. The director, at his/her discretion, may delegate any part of this authority to other department personnel.

(3) Filing and Determination of Applications; Demonstration and Verification of Ability to Operate Commercial Motor Vehicles. Applications for an intrastate SPE certificate, and related documents, and information reasonably required by the director, shall be filed at PO Box 270, Jefferson City, MO 65102. Every application shall include all information and supporting documents required by section 622.555, RSMo, this

rule, and the “Application for Skill Performance Evaluation Certificate.” The application and accompanying instructions are incorporated herein by reference and made a part of this

rule as published on April 15, 2022, by the Missouri Department of Transportation Motor Carrier Services Division, PO Box 270, Jefferson City, MO 65102. This rule does not incorporate any subsequent amendments or additions to the application and instructions.

(A) The director may dismiss, grant, or deny applications for SPE certificates, in accordance with the provisions of section 622.555, RSMo, and this rule.

(B) The director may issue SPE certificates that include reasonable limitations, conditions, and requirements to protect public safety, or to promote the department’s effective administration of SPE certificates, or both.

(C) At any time while an application is pending, or after the person is issued a SPE certificate, the director may require the person to demonstrate or verify the person’s present ability to operate a commercial motor vehicle safely with his/her physical deficiency or impairment. These requirements may include:

1. Successfully completing a road test, using a commercial motor vehicle and associated equipment of the type which the applicant drives or seeks to drive pursuant to the SPE certificate;

2. Obtaining additional or periodic physical examinations by a physiatrist, orthopedic surgeon, audiologist, or otolaryngologist; and 3. Filing additional or periodic reports with the director concerning the person’s medical or hearing examinations, treatment, prognosis, employment, driving record, accidents, traffic violations, and other pertinent information.

(4) Physical Deficiencies. Persons who are physically unqualified to drive commercial motor vehicles pursuant to any provision of Title 49, Code of Federal Regulations (CFR), section 391.41(b), may apply for intrastate SPE certificates, and the director may issue intrastate SPE certificates to those applicants, only if— (A) The Federal Motor Carrier Safety Administration (FMCSA) is currently administering a program for issuing SPE certificates, or exemptions from the physical qualification requirements, to interstate drivers who are physically unqualified because of the same physical deficiency or impairment affecting the applicant; except that a FMCSA exemption from 49 CFR section 391.41(b)(8) will not authorize the issuance of a SPE certificate for Missouri intrastate operation;

(B) The applicant files an application for SPE certificate with the director, which conforms to all applicable requirements of

section 622.555, RSMo, and this rule, and conforms to the same standards and procedures that are applicable under FMCSA’s comparable interstate SPE certificate or exception program, as modified and supplemented by any applicable provisions of

section 622.555, RSMo, or this rule; and (C) With the exception of Subpart C, section 381.315, the commission incorporates by reference and makes a part of this rule the provisions of 49 CFR 381 as published by the Street NW, Washington DC 20401, on February 22, 2022. The commission also incorporates by reference and makes a part of this rule the provisions of 49 CFR 391.41 as published by the Street NW, Washington, DC 20401, on March 22, 2022. The commission also incorporates by reference and makes a part of this rule the provisions of 49 CFR 391.49 as published by the Street NW, Washington, DC 20401, on February 22, 2022. This

rule does not incorporate any subsequent amendments or additions to 49 CFR 381, 391.41, and 391.49.

(5) Multiple Physical Conditions. The director may deny applications for SPE certificates, and may suspend or revoke SPE certificates, regarding any person who is not physically qualified pursuant to the requirements of two (2) or more separate paragraphs within subsection (b) of 49 CFR section 391.41, except a person who is physically unqualified only pursuant to paragraphs (1) and (2) of that subsection.

(6) Federal Exemption or SPE Certification. Upon the filing of an application containing such information as the director may require, the director may waive any procedural requirements pursuant to this rule and shall issue an intrastate SPE certificate to any driver who is authorized to operate commercial motor vehicles in interstate commerce by a currently valid SPE certificate or hearing exemption issued by the FMCSA. Each SPE certificate issued pursuant to this section shall be conditioned upon the driver’s continued possession of the federal SPE certificate in good standing and the driver’s compliance with all applicable requirements, including all conditions specified in the driver’s federal SPE certificate, and any other conditions imposed by the director.

(7) Operation in Conformity with Terms of SPE Certificate. No person shall operate a commercial motor vehicle by authority of any SPE certificate issued pursuant to this rule, unless the vehicle is operated in conformity with all limitations, requirements, and other terms specified in that SPE certificate.

(8) Suspension and Revocation. For good cause, the director may revoke a person’s SPE certificate after notice and an opportunity for hearing before the Administrative Hearing Commission, or may suspend the certificate until it is determined whether the certificate should be revoked.

Amended: Filed March 6, 2020, effective Oct. 30, 2020. Amended:

Filed June 3, 2022, effective Jan. 30, 2023. *Original authority: 226.008, RSMo 2002, amended 2014, and 622.555, RSMo 2002.

History

• AUTHORITY: sections 226.008 and 622.555, RSMo 2016. Emergency rule filed June 6, 2003, effective June 16, 2003, expired Feb. 26, 2004. Original rule filed June 6, 2003, effective Dec. 30, 2003. Amended: Filed Oct. 14, 2016, effective July 30, 2017.

7 CSR 10-25.020 Oversize/Overweight Permits {#sec-7-csr-10-25.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-25.020}

PURPOSE: This rule provides a uniform system for issuing special permits to regulate vehicles used on state highways that when loaded exceed the limitations on length, width, height, and/or weight established in Chapter 304, RSMo.

(1) General Regulations for Oversize/Overweight Permits.

(A) In the design and fabrication of all vehicles, machinery, equipment, structures, buildings, or other units or components, careful consideration must be given to the legal and physical limitations applicable to all available forms of transportation between point of fabrication and the original or subsequent destinations.

(B) Except for the following exceptions, permits will not be granted for travel on the state highway system for movement of a load reducible in size or weight. Reducible portions of any oversize or overweight load shall include but are not limited to any attachment, accessory, member, or assembly designed to be detached with hand tools:

1. Farm products (hay), and farm equipment with dual tires, and construction equipment with blade/bucket attached, but only as permitted in sections (6) and (10);

2. Emergency response vehicles loaded with salt, sand, chemicals, or a combination thereof, with or without a plow or blade attached in front, and being used for the purpose of spreading the material on state highways that are or may become slick or icy;

3. Military vehicles transporting marked military equipment or material; or 4. A vehicle carrying raw fluid milk products from a farm and/or raw milk products to or from a milk plant, receiving station, or transfer station.

(C) Unladen vehicles or combinations are to comply with legal size and weight limitations as listed in Chapter 304 of the Missouri Revised Statutes unless exceptions can be justified by safety considerations based on an oversize or overweight object to be transported by the vehicle.

(D) Economic factors in either the saving of time or costs for routing will not be considered of primary importance in the routing process, and the department reserves the right to designate routing and travel time for all movements. Safety, structure capacities and clearances, roadway widths, and traffic volumes will all be considered in route determination. The routing will primarily use the designated state highway system and be as direct as possible. When streets or highways off the state highway system are used, it will be the responsibility of the applicant to obtain approval from the agency responsible for that off-state highway and adhere to all bridge capacity postings off the state highway system.

(E) Limitations for all oversize and overweight load movements will be determined by the least hazardous road conditions and volume of traffic which will be encountered and the practical capacity of the roadway, structures, and the vehicle involved, based upon axle loads. All responses to requests for routing approval prior to application are furnished for general information only. Due to constantly changing highway conditions, such routing approval is subject to change without notice.

(F) Exceptions may be made for feasible oversize and/ or overweight movements certified as essential to national defense, upon receipt of written documentation by designated officials within the Defense Department.

(G) Permits may specify maximum and minimum speeds to reduce hazards or control impact factors on pavement or structures and may specify lane restrictions while crossing structures to provide for better load distribution to the structural members of that structure. Power units shall have sufficient weight and power to handle the load safely and maintain reasonable speeds.

(H) Each single trip permit covers the movement of one (1) load only, between one (1) origin and one (1) destination, except for the multi-stop permit designed for transportation of farm implement delivery only. Legal size loads will not be permitted as part of a multi-stop permit. Moves must be completed in seven (7) moving days.

(I) Movement is restricted on the following holidays: New Year’s Day (January 1), Memorial Day (last Monday in May), Independence Day (July 4 or designated day of observation), Labor Day (first Monday in September), Thanksgiving Day (fourth Thursday in November), and Christmas Day (December 25).

1. Restrictions will begin at 12:00 noon on the last business day preceding the holiday and apply until one-half (1/2) hour before sunrise on the first business day following observation.

When Independence Day falls on a Saturday, the holiday will be observed on the preceding Friday. When Independence Day falls on a Sunday, the holiday will be observed on the following Monday.

(J) The permittee may travel a distance of one (1) mile onto another contiguous state highway for food, fuel, repairs, and rest, provided that no structures are crossed, no posted weight limits are exceeded, travel under overhead structures can be completed safely, and oversize loads do not cause an obstruction. All other provisions of the permit must be followed.

(K) Travel under permit must be with properly licensed, insured, and permitted vehicles under Chapters 260, 301 through 307, 390, and 622 of the Missouri Revised Statutes, and vehicles must be licensed for maximum weights in order to obtain overweight permits.

(L) All references to recognized sunrise and sunset times, as applicable to the travel restrictions herein, shall be in accordance with the National Oceanic and Atmospheric Administration – National Weather Service.

(M) References to highway types utilized throughout this

rule shall mean the following:

1. Divided highway—A travelway with two (2) or more traffic lanes in opposing directions separated by a physical barrier, raised curbed median, or depressed earth/vegetated median;

2. Multilane undivided highway—A travelway with two (2) or more traffic lanes in opposing directions that is not separated by a median or other physical barrier. Undivided highways are typically delineated by pavement markings only; and 3. Two- (2-) lane highway—A travelway typically with one (1) traffic lane in each opposing direction. This definition includes travelways with intermittent or directionally alternating continuous third lane sections designed to facilitate turning, climbing, passing, and/or other traffic management purposes.

(2) Financial Responsibility.

(A) An applicant for an oversize/overweight permit shall have coverage for bodily injury to, or death of, an individual and for loss or damage to property. Coverage shall be effective during all of the applicant’s oversize/overweight operations authorized under such permit covering each motor vehicle operating under the authority of the applicant’s permit in amounts not less than the following:

SCHEDULE OF MINIMUM LIMITS OF COMBINED

SINGLE LIMIT AUTOMOBILE LIABILITY

Type of Move Amount 1) Routine $750,000 2) Super Heavy and Large Loads $2,000,000 3) Noncommercial Building (House) Movement $2,000,000 (B) Any automobile insurance policy required under this administrative rule shall not include coverage of the cargo transported under the permit, and instead, any cargo transported by the applicant under a permit issued under this administrative rule shall be insured under a separate insurance policy.

(C) The Motor Carrier Services’ director or his/her representative may reject an applicant’s request for a permit or suspend the applicant’s privileges of obtaining oversize/overweight permits for failure to comply with this section of the rule.

(D) Permits issued for excessive overweight may require additional financial responsibility to protect the state in regard to excessive damage to the state highway system and its facilities.

(E) Refer to subsection (8)(C) for financial responsibility for escorts.

(3) Agreements and Conditions.

(A) The permittee agrees to the following conditions when a permit is issued:

1. The permittee named therein agrees to assume full responsibility for injury to persons or damage to public or private property, including the state highway system and its facilities, caused by the movement of the vehicle or its load under the special permit involved;

2. The permittee agrees to hold harmless the Missouri Highways and Transportation Commission, the Missouri Department of Transportation, the Missouri State Highway Patrol, their agents, servants, and employees, from any and all claims, judgments, damages, or expenses of any kind on the part of the applicant, permittee, or any person, firm, or corporation having an interest in either the vehicle, the load, or other property involved in the movement over the route prescribed in said permit;

3. The permittee, as a condition to the issuance of a special permit, agrees to indemnify the Missouri Highways and Transportation Commission, the Missouri Department of Transportation, the Missouri State Highway Patrol, their agents, servants, or employees, for any sums which it, its agents, servants, or employees are or may be required to expend in defense of any claims or actions for damages and to indemnify the Missouri Highways and Transportation Commission, the Missouri Department of Transportation, the Missouri State Highway Patrol, their agents, servants, or employees, arising out of the movement, under this special permit, of a vehicle or load over the route prescribed by the Missouri Department of Transportation, its agents, servants, or employees;

4. The permittee will cause the operators of all motor vehicles involved in the movement to take all necessary precautions to avoid hazards existing along the prescribed route, such as but not limited to construction projects, physical restrictions, or conditions which will not permit the movement of the vehicle and its load without detriment to the state highway or its drainage structure, signs, guardrails, signals, shoulders, pavement, right-of-way, or any other facility;

5. The permittee or their representative may utilize a roadway geometric modeling software application, as approved by the department, or must physically drive the proposed route to be used prior to issuance and attest that all turns, curves, etc. can be safely negotiated if the load is greater than one hundred fifty feet (150') long. If the load encounters problems negotiating such route during transportation, the company will be charged new permit fees (including a bridge study analysis for superloads). In addition, penalties may be assessed and future permit applications may be denied;

6. Should the permittee or the permittee’s officers, agents, employees, or operators encounter a condition on the route prescribed not contemplated by the permit, or signs or markings indicating an emergency condition creating a reasonable doubt as to the continuance of the trip, the permittee, officer, agent, employee, or operator of the vehicle shall immediately notify the appropriate official or employee of Motor Carrier Services Division of the Missouri Department of Transportation for a suggested course of action. In any event, departure from a prescribed route, except by specific authorization of Motor Carrier Services Division, renders the permit void;

7. Any misrepresentation in the application for a special permit or any operation not made in strict compliance with the permit and not in compliance with 7 CSR 10-25.020, except as specifically exempted, is unlawful and renders the permit void;

8. Any permit used for a movement other than that for which granted, or any permit that has been altered, is void in its entirety and the movement involved will be in violation of the law, as though such permit had never been granted;

9. Permits voided by a violation shall be surrendered to any law enforcement officer or to any employee of the Missouri Department of Transportation;

10. A new permit and required fees covering the remainder of the movement will not be issued until all charges arising out of the violation have been satisfied and the routing or movement modified to meet the regulations established herein;

11. Permits are issued by authority of law only when the public safety or public interest justifies their issuance. Any misrepresentation in the application or violation of the terms of the permit may result in denial of future applications of the violator;

12. Permission is granted only for dimensions and up to the weight, as specified, and compliance in all other respects is required with Chapters 260, 301 through 307, 390, and 622 of the Missouri Revised Statutes as amended, all other applicable state and federal laws and rules and regulations of state and federal regulatory bodies;

13. All permittees are responsible for the accuracy of their permits and shall notify the Missouri Department of Transportation, Motor Carrier Services Division of any inaccuracies to be corrected before movement commences; and 14. When required as a condition of the permit, the permittee must contact the appropriate district representative prior to travel. The district representative will consider any current system conditions that may affect the planned travel and coordinate any changes needed to facilitate the movement.

(B) In addition to these agreements and conditions, the following will apply:

1. All violations or misrepresentations will be recorded and the permittee will be notified in writing that future violations may result in a suspension or revocation of privileges;

2. Flagrant or repeated violations of permit restrictions and/or traffic safety laws in combination thereof are not in the interest of public safety and the permittee will be advised in writing if his/her record is such that future permits should not be granted in the opinion of the Missouri Department of Transportation. A suspension of such privilege shall last for two (2) weeks and a revocation of such privilege for one (1) year;

3. Suspensions, revocations, and reinstatements may be modified or rescinded by the Motor Carrier Services’ director or his/her representative, and their decision shall be final.

(4) Permit Applications, Permit Transmissions, and Permit Fees.

(A) Application for an oversize permit must show the width, length, and height of the commodity being hauled as well as the overall width, overall length, trailer and load length, and overall height. Application for an overweight permit must show axle loads and axle spacings measured center-to-center between each axle. Additional information may be required to complete the application.

(B) Special permit fees are payable prior to the issuance of the permit. If the permit becomes invalid for any reason, the original fee shall be nonrefundable and a new permit with fee will be necessary. Applicants are responsible for payment of permit fees for expired permits that are issued and left in approved status. The special permit fees are as follows:

1. Single trip oversize permits—fifteen dollars ($15);

2. Single trip oversize permits in excess of sixteen feet (16') wide, sixteen feet (16') high, or one hundred fifty feet (150') long—fifteen dollars ($15) plus two hundred fifty dollars ($250) movement feasibility fee;

3. Multi-stop oversize permit—twenty-five dollars ($25)

(farm implements only);

4. Single trip overweight permits up to and including one hundred sixty thousand (160,000) pounds gross weight— fifteen dollars ($15) plus twenty dollars ($20) per each ten thousand (10,000) pounds in excess of legal gross weight;

5. Single trip overweight permits in excess of one hundred sixty thousand (160,000) pounds gross weight—fifteen dollars ($15) plus twenty dollars ($20) per each ten thousand (10,000) pounds in excess of legal gross weight plus bridge and roadway analysis fee of four hundred twenty-five dollars ($425) for each permit for moves from zero to fifty (0–50) miles in length; six hundred twenty-five dollars ($625) for fifty-one to two hundred (51–200) miles; nine hundred twenty-five dollars ($925) for over two hundred (200) miles (see section (15)). Identical permit applications with identical vehicle configurations will only be charged one (1) bridge and roadway analysis fee if the original bridge study is less than thirty (30) days old for loads in excess of three hundred thousand (300,000) pounds and if the original bridge study is less than sixty (60) days old for loads weighing less than three hundred thousand (300,000) pounds.

An additional four hundred twenty-five dollar ($425) bridge study fee will be charged if the applicant modifies dimensions or weights on an application and a new bridge analysis is required after the original analysis has been completed;

6. Annual blanket emergency overweight permit (round trip)—six hundred twenty-four dollars ($624) (fee will be prorated quarterly);

7. Annual blanket oversize permit—single commodity— one hundred twenty-eighty dollars ($128) (fee will be prorated quarterly);

8. Annual blanket oversize permit—multiple commodity— four hundred dollars ($400) (fee will be prorated quarterly);

9. Annual blanket—longer combination vehicle—one hundred twenty-eight dollars ($128) (fee will be prorated quarterly);

10. Annual blanket overweight well drillers, concrete pump trucks, or crane permit—three hundred dollars ($300)

(fee will be prorated quarterly);

11. Annual blanket milk hauler permit—five hundred dollars ($500) (fee will be prorated quarterly);

12. Thirty- (30-) day blanket permit—three hundred dollars ($300);

13. Project permit—one hundred twenty-five dollars ($125);

14. Highway crossing permit—two hundred fifty dollars ($250);

15. Noncommercial building movement (in excess of routine dimensions)—two hundred sixty-five dollars ($265);

16. Single Trip Commercial Zone Bridge Analysis—two hundred sixty-five dollars ($265); and 17. Permit amendment fee—two dollars ($2). Single trip permits may only be amended within two (2) business days of permit start date. The start date and any other component will be amended if permit effective date is in the future.

The permittee, origin, destination, and/or commodity being hauled/towed will not be amended if the permit is already in effect. Annual blanket permits may be amended one (1) time throughout the year for truck make and/or license.

(C) Fees shall not be required for permits covering the movement of vehicles and loads owned and operated by governmental subdivisions or agencies.

(D) Proper arrangement for payment of permit fee must be made either by use of escrow accounts, which must be in effect prior to permit application request (see section (5)), or by payment of the fee at the time of application.

(E) Permit fees may be waived by the Motor Carrier Services director or his/her representative when a federal or state declaration of disaster is in effect or at the discretion of the Motor Carrier Services director during other special or unusual circumstances.

(5) Escrow Accounts.

(A) An escrow account may be established with the Missouri Department of Transportation. The following conditions govern the establishment and maintenance of escrow accounts:

1. An escrow account may be applied for by submitting an application supplying all the necessary information.

Applications may be obtained from the Missouri Department of Transportation, Motor Carrier Services Division, PO Box 270, Jefferson City, MO 65102, or online at www.modot.org/mcs;

2. The account holder is responsible for all charges filed against the account; and 3. An escrow account will remain open as long as there is a positive or zero balance. Upon written request, an account may be closed and the unused balance will be refunded.

(B) It is the responsibility of the account holder to maintain records of the balance remaining in the account. In the event there is a difference between the account holder’s records and the department’s records, a letter stating the difference shall be the basis for review and adjustment. The department’s decision shall be final.

(C) The escrow account is nontransferable and shall be used for payment only. The account shall be reduced by the amount for each item issued or processed.

(6) Annual Blanket Permits. Blanket permits may be issued for moves up to and including twelve feet, six inches (12'6") in width and one hundred fifty feet (150') in overall length.

Height and weight shall be legal. The fee schedule for blanket permits is outlined in subsection (4)(B). Separate permits are required for each power unit. To qualify for an annual blanket permit, insurance must be in force for the entire period (see

section (2)) and vehicles must be properly licensed. All annual permits will expire at 12:00 a.m. on January 1 of the following year. Violation of a blanket permit shall be cause for revocation of the current blanket permit and may result in loss of the privilege of obtaining future blanket permits. Blanket permit moves shall be made in accordance with all other regulations and requirements. The permittee is required to obtain current travel restrictions prior to movement with blanket permits.

(A) These permits authorize travel over the state highway system only. Movement from origin to destination must be by the most feasible direct route. All conditions, safety considerations, bridge loading and clearance postings shall be complied with. The permittee shall properly warn traffic, adjust speed, and if necessary, stop traffic when crossing bridges where the load exceeds one-half (1/2) the roadway width of the bridge. Travel over structures on which load limits are posted for lesser weights is not allowed. Permittees traveling on interstate highways shall maintain the posted minimum speed.

(B) Single Commodity.

1. Manufactured and sectional home units. Annual blanket permits are available for the movement of manufactured and sectional home units up to and including twelve feet, six inches (12'6") in width and one hundred fifty feet (150') in overall length. Height and weight shall be legal.

2. Farm products (hay). Annual blanket permits are available for farm products (hay) up to and including twelve feet, six inches (12'6") in width. All other sizes and weight shall be legal. Farm products (hay) will not be required to comply with the reducible load requirement for width.

3. Farm implements and construction equipment. Annual blanket permits are available for these moves up to and including twelve feet, six inches (12'6") in width and/or overall length up to a maximum of one hundred fifty feet (150'). Height and weight shall be legal. Farm implements or equipment not designed for towing at highway speeds must be hauled. If the equipment is designed to be towed, it shall meet all regulatory safety requirements. Farm equipment with dual tires and construction equipment with blade/bucket attached will not be required to comply with the reducible load requirement for width.

4. One hundred- (100-) mile radius blanket permits for farmers and farm implement dealers. Annual blanket permits are available to farm implement dealers and farmers for movement of farm implements up to and including fourteen feet, six inches (14'6") in width. All other dimensions and weight shall be legal. This blanket permit is only valid for moves within a one hundred- (100-) mile radius of permittee’s principal place of business. All other permit regulations, including but not limited to times of travel, signing, and escorts, will apply. Farm implements not designed for towing at highway speeds must be hauled. If the equipment is designed to be towed, it shall meet all regulatory safety requirements.

5. Implements of husbandry and transporting vehicle.

Annual blanket permits are available for movement up to and including twelve feet, six inches (12'6") in width. All other dimensions and weight shall be legal. Implements of husbandry are machines designed specifically for the application of commercial plant-food materials or agricultural chemicals and off-road usage. Such units shall not operate under their own power on the interstate system.

6. Repeated moves of like objects. Annual blanket permits for the movement of specific nonreducible commodities may be issued to a maximum width of twelve feet, six inches (12'6") and/or overall length up to a maximum of one hundred fifty feet (150'). Height and weight shall be legal. The following items may be considered like objects: boats, portable buildings, wood trusses, steel trusses, plates, beams, angles, pipe or piling, reinforcing steel mesh, rods or bars, tanks, mobile office trailers, grain carts, cotton trailers, park trailers, precast concrete panels, aluminum plates, wood beams, and concrete girders. This list is not all-inclusive. The permit will describe and specify the object to be hauled. A blanket permit may be issued for the repeated movement of objects for permanent use in their transported form. Such objects may vary in size as long as the largest is within the width and/or length limit specified on the permit. Multi-piece loads must be nonreducible and nondivisible in dimension.

7. Public utility. Blanket overlength permits not exceeding one hundred fifty feet (150') in length (width, height, and weight must be legal) may be issued to a public utility company, a public agency, or their contractor to transport poles or pipe for minor construction, reconstruction, replacements, or emergency repairs. Such permits shall be issued for each power unit (truck-tractor or derrick truck) to travel from the nearest available pole or pipe storage yard. The restriction prohibiting travel in tourist areas, during curfew hours, at night, and on holidays or holiday weekend periods is waived for emergency repairs. Clearance lights in lieu of flags and reflectorized oversize load signs are required for night travel (see subsection (12)(J)).

8. Sludge disposal units. Blanket permits are available for travel on the state highway system other than the interstate and shall not exceed eleven feet, six inches (11'6") in width. All other dimensions and weight shall be legal.

9. Unladen superload trailer. Annual blanket permits for the movement of an unladen superload trailer may be issued up to and including a maximum width of twelve feet, six inches (12'6") and/or overall length up to a maximum of one hundred fifty feet (150'). Height and weight shall be legal.

(C) Multiple Commodity. Annual blanket permits are available to haul any commodity up to and including twelve feet, six inches (12'6") wide and one hundred fifty feet (150') overall length. Height and weight shall be legal. Multi-piece loads shall be nonreducible and nondivisible.

(D) Blanket permits are also available for items that may be oversize or overweight as outlined in section (11), with varying operation areas and time periods. These blanket permits may be issued as explained in the following paragraphs:

1. Thirty- (30-) day public utility. Blanket permits up to and including twelve feet, six inches (12'6") wide and/or overall length up to and including one hundred fifty feet (150') covering specified travel over listed routes may be issued for a period not exceeding thirty (30) days to expedite construction or repair of public utilities or public works clearly in the public interest. Height must be legal;

2. Well drilling, concrete pump, and crane. Blanket permits for well-drilling rigs, concrete pump trucks, and cranes may be issued to a maximum width of twelve feet, six inches (12'6"), and/or overlength to a maximum of sixty feet (60') for single units. Weight shall not exceed twenty thousand (20,000) pounds or legal weight on a single axle, forty thousand (40,000) pounds on a tandem axle group, or sixty thousand (60,000) pounds on a triple or quadrum axle group. Gross weight shall not exceed the maximum allowable gross weight according to the number of axles and the specified axle spacings as shown on the weight table in subsection (11)(G). The permit authorizes travel over the state highway system only and the unit must be able to maintain the posted minimum speed on the interstate system. Travel over bridge structures on which a load limit is posted for lesser weights is not allowed. The following conditions shall also apply:

A. Equipment classified for use in well-drilling work is a single unit designed primarily to drill wells. The unit shall be reduced in size as much as practical. Drill bits and other necessary drilling tools may be carried with the drill rig provided the permitted axle and gross vehicle weight are not exceeded; and B. Blanket permits will only be issued to cranes having a total of four (4) or less axles;

3. Emergency response. Annual blanket permits for the initial response and direct return from an emergency are available up to and including twelve feet, six inches (12'6") in width, one hundred fifty feet (150') in length, and maximum axle weights and gross weight as allowed in section (11). Height shall be legal. This permit authorizes travel over the state highway system only. Travel over bridge structures on which a load limit is posted for lesser weight is not allowed. The restriction prohibiting travel in tourist areas, during curfew hours, at night, and on holidays or holiday weekend periods will be waived for the initial response to the emergency site.

Clearance lights in lieu of flags and reflectorized oversize load signs are required for night travel. See section (12) for additional procedures for emergency travel;

4. Projects. Blanket permits are available for the movement and/or operation of oversize and overweight road-building equipment within the limits of a specific highway project or combination of projects, for a period not to exceed the completion date of that project. The permittee shall coordinate movement and/or operation necessity and procedures with the project engineer and collectively submit a permit application containing all pertinent information to include any special or unusual circumstances with a recommendation to the Missouri Department of Transportation, Motor Carrier Services Division;

5. Longer combination vehicles (LCV) blanket permits. This permit may include combinations defined as Rocky Mountain Doubles (RMD), Turnpike Doubles (TPD), and triple-trailers currently allowed to operate on turnpikes in other states.

Annual blanket permits are available for longer combination vehicles up to one hundred twenty feet (120') in overall length to travel to and from locations within twenty (20) miles of the western border of this state. One hundred twenty thousand (120,000) pounds is allowed for LCVs entering from the Kansas border. Ninety-five thousand (95,000) pounds is allowed for LCVs entering from the Nebraska border, and ninety thousand (90,000) pounds is allowed for LCVs entering from the Oklahoma border. All other dimensions shall be legal.

This permit authorizes travel over specified routes on the state highway system;

6. Government agency. Annual blanket permits are available for government agencies up to and including twelve feet, six inches (12'6") in width, one hundred fifty feet (150') in length, and maximum axle weights and gross weight as allowed in section (11). Height shall be legal; and 7. Milk hauler. Annual blanket permits may be issued for a maximum of eighty-five thousand five hundred (85,500) pounds to vehicles traveling on the interstate carrying raw fluid milk products from a farm and/or raw milk products to or from a milk plant, receiving station, or transfer station. Width, height, and length shall be legal.

(7) Crossing Permits and Commercial Zone Bridge Analysis.

(A) Highway crossing. A single-day permit is available to allow off-road machinery to be transported or driven across a state-maintained highway in order to access adjacent properties. Size and weight limitations will be based on physical restrictions at the location of the crossing.

(B) Commercial Zone Bridge Analysis. A bridge analysis is available for loads moving under legal commercial zone weight limits that are too heavy to cross a posted structure.

Applications must include information as outlined in subsection (4)(A).

(8) Civilian Escorts and Flaggers. It is the responsibility of the permittee to see that escorts which accompany their moves adhere to these regulations in addition to the regulations specifying when escorts and flaggers are required, as listed in sections (9), (12), (13), (14), (15), and (16).

(A) An “escort” is defined as a vehicle with operator which accompanies oversize moves to serve as a warning to other traffic that extra caution is required. Operators of escort vehicles shall be properly licensed, obey all traffic laws, and be at least eighteen (18) years of age.

(B) The escort vehicle must be a properly licensed single unit vehicle of standard size with unobstructed vision to the front and rear and in safe operating condition. The unit may be an automobile, pickup truck, utility vehicle, station wagon, or equivalent.

(C) It is the responsibility of the permittee to ensure the escort’s minimum financial responsibility as required by law is in force at all times.

(D) Oversize load signs shall be displayed on the front and/or rear of the escort vehicle, whichever is applicable for the move.

A sign mounted on the top of the vehicle with printing on both sides is acceptable. Signs are to be a minimum size of five feet (5') long by one foot (1') high with minimum ten inch (10") high letters. The sign’s background shall be yellow with black lettering and visible for at least three hundred feet (300'). The legend shall read “OVERSIZE LOAD” or “WIDE LOAD.”

(E) Escort vehicles are to be equipped with at least two (2) red or orange fluorescent warning flags mounted on a staff at the two (2) front extremities of the vehicle for a front escort and at the rear extremities for a rear escort. The escort vehicle for overheight loads (see paragraph (9)(G)3.) shall have a vertical clearance detection device and have continuous, uninterrupted, two- (2-) way communication with the power unit. Flags used for flagging and on permit vehicles shall be clean, red, yellow, or orange fluorescent, in good condition, with no advertising or wording, and be at least eighteen inches (18") square.

(F) Flaggers are required as outlined in subsection (9)(I).

Flaggers shall have proper training in directing traffic.

(9) Regulations for All Permits. The following regulations apply to all movements of oversize and/or overweight loads except as stipulated in sections (6), (11), (12), (13), (14), (15), and (16):

(A) The permit must accompany the move until the move is completed;

(B) Travel is limited to one-half (1/2) hour before sunrise to onehalf (1/2) hour after sunset, except as permitted in subsection (9)(E) of this rule and sections (6), (10), (11), (12), (13), (14), and (15).

No movement is allowed when road conditions are hazardous, such as snow and ice covered, or when hazardous cross winds affect the movement, or when weather conditions are such to limit the visibility to less than five hundred feet (500');

(C) Movement is restricted during specified holiday periods as listed in subsection (1)(I);

(D) No movement is allowed on Saturdays and Sundays in the Lake of the Ozarks and Branson areas as follows:

1. Lake of the Ozarks area—the following restrictions apply May 25 through Labor Day (first Monday in September):

A. Route 5—between the junction with Route 54 and the city limits of Gravois Mills;

B. Route 42—between the junctions with Routes 54 and 134; and C. Business 54—between the east and west junctions with Route 54;

2. Branson area—the following restrictions apply May 1 through November 30:

A. Route 76—between the junctions with Routes 13 and 160;

B. Route 13—between the city limits of Branson West and the junction with Route 86 West;

(E) For safety and to reduce traffic congestion, Monday through Friday travel in the metropolitan areas of St. Louis, St. Charles, Kansas City, and Springfield is restricted as follows (The metropolitan area curfews indicated in subsection (9)(E) do not apply to loads that are overweight only):

1. All routes in St. Louis City and County, with the exception of Route 370, are restricted between the hours of 6:30 a.m. to 9:00 a.m. and 3:30 p.m. to 6:30 p.m.;

2. St. Charles County on I-70, eastbound travel between the junction with Route 61 and the Missouri River Bridge is restricted from 6:30 a.m. to 9:00 a.m. and I-70 westbound between the Missouri River Bridge and the junction with Route 61 is restricted from 3:30 p.m. to 6:30 p.m.; Route 40/61 (I-64)

(both directions) between the Missouri River Bridge and I-70 and Route 94 (both directions) between Route 370 and Route 40/61 (I-64) are restricted from 6:30 a.m. to 9:00 a.m. and 3:30 p.m. to 6:30 p.m.;

3. Jefferson County on I-55 (both directions) between the St. Louis County line and Route 67; Route 21 and Route 30 (both directions) between St. Louis County line and Route BB; Route 141 (both directions) between the St. Louis County line and Route 61/67 is restricted between the hours of 6:30 a.m. to 9:00 a.m. and 3:30 p.m. to 6:30 p.m.;

4. In the Kansas City area on the routes or inside of the area bounded by Routes 150, 291, I-470, 152 West, to I-435 (Platte County) exit 24 south to the Kansas state line, travel is restricted between the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.; and 5. Inside the city limits of Springfield, travel is restricted on all routes on the state highway system between the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., except— A. I-44—Restricted between 4:00 p.m. and 6:00 p.m. only.

B. U.S. 60—Restricted between 4:00 p.m. and 6:00 p.m. only.

C. U.S. 65—Restricted between 7:00 a.m. and 9:00 a.m. and between 3:30 p.m. and 6:00 p.m. only;

(F) Movements of major equipment or other special loads for short distances with origin and destination within major urban areas may be permitted between the hours of 1:00 a.m. and 6:00 a.m. Monday through Friday, except for these time periods on and immediately following a holiday period and on Sunday from 1:00 a.m. to 12:00 noon, except where this time conflicts with a holiday period. Such movements must be pre-planned and all protection must be provided for the safety of the public as follows:

1. Required signing must be lighted or reflectorized.

Amber lights at the extreme ends or projection of the load or vehicle must be provided in lieu of flags;

(G) Escort requirements are as follows:

1. Overwidth. Escorts are required for loads exceeding twelve feet, six inches (12'6") in width and are referenced in sections (13), (14), (15), and (16);

2. Overlength. A rear escort is required for movements when the vehicle and load exceed one hundred ten feet (110') for a combination unit on all highways except divided highways or when the vehicle and load exceed one hundred twenty-five feet (125') for a combination unit on all highways and as required in sections (12), (15), and (16);

3. Overheight. A height detection vehicle is required to precede overheight loads exceeding fifteen feet, six inches (15'6"). This vehicle satisfies any front escort requirement except where multiple front escorts may be prescribed. The height detection vehicle shall have a vertical clearance detection device and have direct, continuous, uninterrupted, two- (2-) way communication with the power unit; and 4. A separate escort shall be provided for each load and each dimension. No more than two (2) front civilian escorts and two (2) rear civilian escorts shall be required for any single load except for movements of unusual complexity as determined by the Motor Carrier Services Division or law enforcement. Travel in convoy is not allowed. Additional and/or special escort requirements may be specified whenever the size, speed, or operation of movement might require;

(H) Front escorts shall travel approximately three hundred feet (300') in front of the load and rear escorts approximately three hundred feet (300') to the rear of the load. In heavy traffic or when traveling within cities or towns, the escort vehicle should maintain a distance consistent with existing traffic conditions; and (I) Flagging is required whenever the dimensions of overwidth loads are equal to or exceed the width of the traveled lane on two- (2-) lane bridges or whenever the movement is of such width or length that it infringes on the adjacent lane of traffic. The operator of the escort vehicle may act as the flagger. On shorter bridges it may not be necessary to actually stop traffic if sight distance is good, but on longer bridges or where sight distance is short, a flagger shall be used to direct traffic and be prepared to stop traffic, if necessary. A flagger is also required if the permitted vehicle and load must stop due to a breakdown with all or part infringing on the traveled roadway.

Additional traffic control may be required for large complex moves. All traffic control devices shall meet the requirements listed in the Manual on Uniform Traffic Control Devices (MUTCD), which is incorporated by reference and made a part of this rule as published by the Federal Highway Administration (FHWA), 1200 New Jersey Ave. SE, Washington, DC 20590, revised December 2023. This rule does not incorporate any subsequent amendments or additions of this manual.

(10) Regulations for Oversize Permits. In addition to the regulations in sections (6), (9), (13), (14), (15), and (16), the following applies to all oversize permits:

(A) Red, yellow, or orange fluorescent flags in good condition with a minimum size of eighteen inches (18") square shall be displayed at the extreme ends or projections of all overwidth and overlength loads, and all four (4) corners of manufactured and sectional home units. Oversize load signs at least seven feet (7') long by eighteen inches (18") high with ten-inch (10") letters of one and five-eighths inch (1 5/8") stroke shall be displayed front and rear for loads exceeding ten feet six inches (10'6") in width on all highways. The oversize load sign may be split or otherwise configured to accommodate crash-avoidance technology. When the overall length of a combination unit exceeds one hundred ten feet (110') or the overall length of a single unit exceeds fifty feet (50'), an oversize load sign is required on the rear of the load. The sign’s background shall be yellow with black lettering. The legend for these signs shall read “OVERSIZE LOAD” or “WIDE LOAD”;

(B) Overlength permits shall be limited to a nonreducible vehicle and load with an overall length for a single unit not exceeding sixty feet (60'), for combination units not exceeding one hundred fifty feet (150'), and truck-trailer combination units not exceeding seventy-five feet (75'). Steering mechanisms may be required on rear axles of combination units;

(C) Overheight permits for all movements will be limited to a nonreducible combination of vehicle and load height not exceeding the vertical clearance of the structures on the most feasible direct route between origin and destination.

Arrangements for the raising or removal of overhead lines, traffic control devices, and other structures will be the responsibility of the permittee. The lifting, stressing, or physical manipulation of any overhead obstruction on the travelway in the furtherance of obtaining vertical clearance is prohibited. It is also the responsibility of the permittee to check all structures and overhead wires for clearances before movement;

(D) The movement of noncommercial buildings exceeding routine special permit dimension limitations will be determined on an individual basis dependent on building size, roadway and structure width and clearances, traffic volumes, and other applicable factors. Permits for movement of such buildings shall be issued by the district offices (see section (16));

(E) Movement of farm products (hay) not exceeding fourteen feet (14') in width will be allowed by permit and may be transported at night. Height, length, and weight must be legal for these movements. These movements must comply with all existing Missouri oversize and overweight permit regulations except reference to reducible loads in subsection (1)(B) shall not apply; and (F) Night movement for hauling overwidth loads not exceeding twelve feet, six inches (12'6") in width will be allowed by single trip and blanket permit. Height must be legal and length must not exceed one hundred ten (110')

feet. Oversize load signs are required and shall be lighted or reflectorized. Clearance lights in lieu of flags shall be mounted at extreme ends or load projections when moving after daylight hours and/or when visibility is less than five hundred feet (500'). Continuous, uninterrupted two- (2-) way communication is required between the power unit and all escort vehicles. Movement is restricted for urban and tourist areas as outlined in subsections (9)(D) and (9)(E). Movement is restricted for holiday periods as outlined in subsection (1)(I).

(11) Regulations for Routine Overweight Permits. The following regulations apply to permit moves to transport nonreducible and nondivisible loads. See section (15) for super heavy and large load movement:

(A) Overweight permits may specify maximum and minimum speeds and method of vehicle operation to reduce hazards or control impact factors and load distribution on pavements and bridges. Overweight loads legal height, and not exceeding one hundred ten feet (110') in length, and not exceeding twelve feet, six inches (12'6") wide or the gross weight limit as listed in subsection (11)(D) will be granted day and night movement except travel during holiday and holiday weekend periods as listed in section (1) and except for movement in tourist areas listed in subsection (9)(D). All movements authorized under overweight permits will be over specified routes on the state highway system only;

(B) Axles included in booster axle, tandem axle, triple axle, or quadrum axle groups on all hauling units shall be equipped with dual wheels or equivalent tread width. When configuring trailers for hauling units with seven (7) or more axles, conventional axles or booster axles may be used for the addition of the single axle, tandem axle, or triple axle groups that may be placed at the end of the trailer. Definitions— 1. The term “axle” shall mean a common axis of rotation of one (1) or more wheels whether power-driven or freely rotating, and regardless of the number of wheels carried thereon;

2. The term “axle group” shall mean an assembly of two (2) or more consecutive axles considered together in determining their combined load effect on pavement or structures. Axle groups must have a common equalization system, which will equalize the load between or among axles in both static and dynamic conditions. Any combination of mechanically equalized axles with either air suspension or any other suspension system used to form axle groups is not allowed;

3. The term “spread axles” shall mean two (2) axles, which are more than ninety-six inches (96") apart and are considered single axles;

4. The term “tandem axle” shall mean a group of two (2) or more axles arranged one (1) behind another, where the distance between the extreme centers is more than forty inches (40") and not more than ninety-six inches (96") apart;

5. The term “triple axle or tridem” shall mean a group of three (3) axles, which are fully equalized automatically or mechanically and the distance between the centers of the extreme is more than ninety-six inches (96") and not more than one hundred forty-four inches (144");

6. The term “quadrum axle” shall mean a group of four (4) axles, which are fully equalized automatically or mechanically, and the distance between the centers of the extreme is not more than one hundred ninety-two inches (192");

7. The term “lift axle” shall mean any axle designed with the capabilities of manipulation or adjustment of the weight on it or the axle group by use of manual valve(s). Under no circumstances will “lift axles” be recognized in weight computations. An additional axle may be added to an existing axle group provided— A. All axles have a common equalization system; and B. All equalization is accomplished with automatic valves; and 8. The term “booster axle” shall mean an extension of a hauling unit, which when attached to the trailer adds a single axle, tandem, or triple axle group. To be acceptable, a booster axle must connect to the vehicle frame in such a manner as to equalize the load between axles;

(C) The allowable combination configurations for overweight special permits are as follows: 5-Axle Configurations Single-Tandem-Tandem (1-2-2)

Single-Tandem-Spread (1-2-2) axles is fifty-one feet (51').

Maximum gross weight allowed on a 5-axle configuration is one hundred four thousand (104,000) pounds. 6-Axle Configurations Single-Tandem-Triple (1-2-3)

Single-Triple-Tandem (1-3-2)

Single-Tandem-Tandem-Single (1-2-2-1) (Alternative Configuration) axle is sixty-five feet (65') for the alternative configuration and fifty-one feet (51') for all other configurations.

Maximum gross weight allowed on a 6-axle configuration is one hundred twenty thousand (120,000) pounds.

For the alternative configuration, the minimum distance between the tandem axle groups shall be twenty-five feet (25'), and the minimum distance between the tandem axle group and single booster axle shall be fourteen feet (14').

Lengths from forty-three feet (43') up to fifty-one feet (51') will be allowed for the (1-2-3) and (1-3-2) configurations provided that the maximum gross weight on these configurations does not exceed one hundred twelve thousand (112,000) pounds.

When the configuration length is less than fifty-one feet (51'), the maximum gross weight on any tandem axle grouping shall be forty thousand (40,000) pounds and the maximum gross weight on any tridem axle grouping shall be sixty thousand (60,000) pounds. 7-Axle Configurations Single-Triple-Triple (1-3-3) (Routine Configuration)

Single-Tandem-Quad (1-2-4) (Alternative Configuration)

Single-Tandem-Triple-Single (1-2-3-1)

Single-Triple-Tandem-Single (1-3-2-1)

Single-Tandem-Tandem-Tandem (1-2-2-2)

Minimum distance between the centers of the first and last axles is fifty-five feet (55') for the routine configuration, seventy-five feet (75') for the alternative configuration, and sixty-nine feet (69') for all other configurations. tandem, triple, and quad axle groupings and on single axles used in combination with these groupings.

Maximum gross weight allowed on a 7-axle configuration is one hundred thirty thousand (130,000) pounds for the alternative configuration, one hundred thirty-two thousand (132,000) pounds for the routine configuration, one hundred thirty-eight thousand (138,000) pounds for the 1-2-3-1 and 1-3- 2-1 configurations, and one hundred fifty thousand (150,000) pounds for the 1-2-2-2 configuration. 8-Axle Configurations Single-Triple-Quad (1-3-4) (Routine Configuration)

Single-Tandem-Tandem-Triple (1-2-2-3)

Single-Triple-Triple-Single (1-3-3-1)

Single-Triple-Triple-Single (1-3-3-1) (Alternative Configuration)

Single-Triple-Tandem-Tandem (1-3-2-2)

Single-Tandem-Triple-Tandem (1-2-3-2) axle is sixty-one feet (61') for the routine configuration and seventy-five feet (75') for all other configurations. tandem, triple, and quad axle groupings and on single axles used in combination with these groupings, except that a distance ranging from ten to thirteen feet, eleven inches (10'- 13'11") shall be required between centers of the last adjacent triple-single axle grouping for the alternative configuration.

Maximum gross weight allowed on an 8-axle configuration is one hundred forty-four thousand (144,000) pounds for the routine and alternative configurations and one hundred sixty thousand (160,000) pounds for all other configurations. For the alternative configuration, the maximum allowable weight will be twelve thousand (12,000) pounds for the last single axle. 9-Axle Configurations Single-Triple-Tandem-Triple (1-3-2-3) (Routine Configuration)

Single-Quad-Quad (1-4-4) (Alternative Configuration)

Single-Double-Double-Quad (1-2-2-4) (Alternative Configuration 2)

Single-Tandem-Triple-Triple (1-2-3-3)

Single-Triple-Quad-Single (1-3-4-1)

Single-Triple-Triple-Tandem (1-3-3-2)

Single-Tandem-Tandem-Tandem-Tandem (1-2-2-2-2)

Single-Tandem-Tandem-Triple-Single (1-2-2-3-1) axle is eighty-five feet (85') for the alternative configuration 2 and seventy-five feet (75') for all other configurations.

The following axle group spacing limitation will apply to all of the configurations as shown above except for the alternative configuration and alternative configuration 2, but will not apply to the steering axle. A minimum of fourteen feet (14') shall be required between centers of adjacent axles on consecutive tandem, triple, and quad axle groupings and on single axles used in combination with these groupings. When the alternative configuration is used, a minimum distance of thirty feet (30') shall be required between centers of adjacent axles on the consecutive quad axle groupings. When the alternative configuration 2 is used, a minimum distance of thirty feet (30') shall be required between centers of adjacent axles on consecutive tandem and quad axle groupings.

Maximum gross weight allowed on a 9-axle configuration is one hundred fifty-six thousand (156,000) pounds for the alternative configuration and one hundred sixty thousand (160,000) pounds for all other configurations. 10-Axle Configurations Single-Triple-Triple-Triple (1-3-3-3) (Routine Configuration)

Single-Tandem-Tandem-Tandem-Triple (1-2-2-2-3)

Single-Triple-Tandem-Tandem-Tandem (1-3-2-2-2)

Single-Tandem-Triple-Tandem-Tandem (1-2-3-2-2)

Single-Tandem-Tandem-Triple-Tandem (1-2-2-3-2)

Single-Tandem-Triple-Quad (1-2-3-4)

The following axle group spacing limitation will apply to all of the configurations as shown above except for the routine configuration, but will not apply to the steering axle.

A minimum of fourteen feet (14') shall be required between centers of adjacent axles on consecutive tandem axle groupings; consecutive tandem and triple axle groupings; and consecutive triple axle groupings. A minimum distance of twenty feet (20') shall be required between centers of adjacent axles on consecutive triple and quad axle groupings. When the routine configuration is used, a minimum distance of twenty feet (20') shall be required between centers of adjacent axles on the consecutive triple axle groupings. loadings to all of the axles on the entire configuration. When full equalization between the axles on the configuration is not possible, the gross weight variation between the individual axles (excluding the steering axle) on the entire configuration shall not be more than twenty-five percent (25%).

The maximum gross weight allowed on a 10-axle configuration 11-Axle Configurations Single-Tandem-Tandem-Triple-Triple (1-2-2-3-3)

Single-Tandem-Triple-Tandem-Triple (1-2-3-2-3)

Single-Triple-Tandem-Tandem-Triple (1-3-2-2-3)

Single-Triple-Triple-Tandem-Tandem (1-3-3-2-2)

Single-Triple-Tandem-Triple-Tandem (1-3-2-3-2)

Single-Tandem-Triple-Triple-Tandem (1-2-3-3-2)

Single-Triple-Triple-Quad (1-3-3-4)

The following axle group spacing limitation will apply to all of the configurations as shown above, but will not apply to the steering axle. A minimum distance of fourteen feet (14') shall be required between centers of adjacent axles on consecutive tandem axle groupings; consecutive tandem and triple axle groupings; and consecutive triple axle groupings.

A minimum distance of twenty feet (20') shall be required between centers of adjacent axles on consecutive triple and quad axle groupings. loadings to all of the axles on the entire configuration.

When full equalization between the axles on the configuration is not possible, the gross weight variation between the individual axles (excluding the steering axle) on the entire configuration shall not be more than twenty-five percent (25%).

The maximum gross weight allowed on an 11-axle configuration 12-Axle Configurations Single-Tandem-Triple-Triple-Triple (1-2-3-3-3)

Single-Triple-Tandem-Triple-Triple (1-3-2-3-3)

Single-Triple-Triple-Tandem-Triple (1-3-3-2-3)

Single-Triple-Triple-Triple-Tandem (1-3-3-3-2)

Single-Triple-Quad-Quad (1-3-4-4) tandem and triple axle groupings; and consecutive triple axle groupings. A minimum distance of twenty feet (20') shall be required between centers of adjacent axles on consecutive triple and quad axle groupings. A minimum distance of thirty feet (30') shall be required between centers of adjacent axles on the consecutive quad axle groupings. loadings to all of the axles on the configuration.

When full equalization between the axles on the configuration is not possible, the gross weight variation between the individual axles (excluding the steering axle) on the entire configuration shall not be more than twenty-five percent (25%).

The maximum gross weight allowed on a 12-axle configuration (D) The maximum allowable axle weights for permits are as follows:

1. Single axle—twenty thousand (20,000) pounds;

2. Tandem axle group—forty-six thousand (46,000) pounds, but not more than twenty-four thousand (24,000) pounds for any axle of a multi-axle group;

3. Triple axle group—sixty thousand (60,000) pounds, but not more than twenty-one thousand (21,000) pounds for any axle of a multi-axle group; and 4. Quadrum axle group—seventy-two thousand (72,000) pounds, but not more than nineteen thousand (19,000) pounds for any axle of a quadrum axle group;

(E) Tractor trailer configurations with a maximum gross weight of one hundred sixty thousand (160,000) pounds or less that do not meet the length and weight restrictions outlined in subsections (11)(C) and (11)(D) may be considered for issuance as a routine overweight permit as long as they meet the length and weight criteria listed below and pass a bridge analysis for the structures located on the routes that the configuration will be traveling on.

The maximum allowable weight on a single axle that is not

part of a group is twenty-two thousand four hundred (22,400) pounds.

The maximum allowable weight on a tandem axle group is forty-six thousand (46,000) pounds.

Within a tandem axle grouping, the maximum single axle weight is twenty-four thousand (24,000) pounds.

The maximum allowable weight on a triple axle group is sixty thousand (60,000) pounds.

Within triple and quadrum axle groupings, the maximum single axle weight is twenty-one thousand (21,000) pounds.

The maximum allowable weight on a quadrum axle group is eighty thousand (80,000) pounds. axle of a 5-axle configuration is fifty feet (50'). axle of a 6-axle configuration is fifty-five feet (55'). axle of a 7-axle configuration is sixty feet (60'). axle of an 8-axle configuration is sixty-five feet (65'). axle of a 9-axle configuration is seventy feet (70').

The minimum distance between the centers of the first and last axle of a 10-axle, 11-axle, and 12-axle configuration is eighty feet (80').

(F) When it is necessary to move specialized equipment, such as mobile cranes, rock crushers, drilling equipment, or other equipment which cannot be reasonably reduced in weight to comply with legal weights, consideration shall be given for a special permit for these moves. The applicant must first give assurance that the unit has been reasonably reduced in weight and dimension (exclusive of attachments that are an intricate part necessary for the operation of the machine and/ or machine adjustments necessary for weight distribution).

After the weight has been reduced to a reasonable minimum, a special permit may be issued for weights not to exceed twenty thousand (20,000) pounds or legal weight on a single axle, forty thousand (40,000) pounds on a tandem axle, sixty thousand (60,000) pounds on a triple axle group, or sixty thousand (60,000) pounds on a quadrum axle group. Axle and axle groups are defined in subsection (11)(B).

(G) The maximum allowable gross weight in pounds for specialized equipment shall be determined by the number of axles and the distance between the external axles as indicated in the following chart:

GROSS WEIGHT TABLE

Specialized Equipment 2, 3, 4, 5, 6 Axles Legal Permit Legal Permit Legal Permit Legal Permit Legal Permit Wt. Max. Wt. Max. Wt. Max. Wt. Max. Wt. Max.

Feet 2 Axle 2 Axle 3 Axle 3 Axle 4 Axle 4 Axle 5 Axle 5 Axle 6 Axle 6 Axle 4 34,000 40,000 8 34,000 40,000 34,000 42,500 9 39,000 40,000 42,500 53,125 10 40,000 40,000 43,500 54,375 11 44,000 55,000 12 45,000 56,250 50,000 62,500 13 45,500 56,875 50,500 63,125 14 46,500 58,125 51,500 64,375 15 47,000 58,750 52,000 65,000 16 48,000 60,000 52,500 65,625 58,000 72,500 17 48,500 53,500 66,875 58,500 73,125 18 49,500 54,000 67,500 59,000 73,750 19 50,000 54,500 68,125 60,000 75,000 20 51,000 55,500 69,375 60,500 75,625 66,000 85,260 21 51,500 56,000 70,000 61,000 76,250 66,500 86,840 22 52,500 56,500 70,625 61,500 76,875 67,000 88,420 23 53,000 57,500 71,875 62,500 78,125 68,000 90,000 24 54,000 58,000 72,500 63,000 78,750 68,500 91,500 25 54,500 58,500 73,125 63,500 79,375 69,000 93,160 26 55,500 59,500 74,375 64,000 80,000 69,500 94,740 27 56,000 60,000 75,000 65,000 81,250 70,000 96,320 28 57,000 60,500 75,625 65,500 81,875 71,000 97,900 29 57,500 61,500 76,875 66,000 82,500 71,500 99,480 30 58,500 62,000 77,500 66,500 83,125 72,000 101,050 31 59,000 62,500 78,125 67,500 84,375 72,500 102,630 32 60,000 63,500 79,375 68,000 85,000 73,000 104,210 33 64,000 80,000 68,500 85,625 74,000 105,790 34 64,500 69,000 86,250 74,500 107,370 35 65,500 70,000 87,500 75,000 108,950 36 66,000 70,500 88,125 75,500 110,530 37 66,500 71,000 88,750 76,000 112,110 38 67,500 72,000 90,000 77,000 113,680 39 68,000 72,500 90,625 77,500 115,260 40 68,500 73,000 91,250 78,000 116,890 41 69,500 73,500 91,875 78,500 118,420 42 70,000 74,000 92,500 79,000 120,000 43 70,500 75,000 93,750 80,000 44 71,500 75,500 94,375 45 72,000 76,000 95,000 46 72,500 76,500 95,625 47 73,500 77,500 96,875 48 74,000 78,000 97,500 49 74,500 78,500 98,125 50 75,500 79,000 98,750 51 76,000 80,000 100,000 52 76,500 53 77,500 54 78,000 55 78,500 56 79,500 57 80,000 GROSS WEIGHT TABLE Specialized Equipment with 7, 8, 9 Axles Legal Permit Legal Permit Legal Permit Wt. Max. Wt. Max. Wt. Max.

Feet 7 Axle 7 Axle 8 Axle 8 Axle 9 Axle 9 Axle 24 74,000 92,800 25 74,500 94,400 26 75,000 96,000 27 75,500 97,600 28 76,500 99,200 29 77,000 100,800 30 77,500 102,400 31 78,000 104,000 32 78,500 105,000 33 79,000 107,200 34 80,000 108,800 108,800 35 110,400 110,400 36 112,000 112,000 37 113,600 113,600 38 115,200 115,200 39 116,800 116,800 40 118,400 118,400 41 120,000 120,000 42 121,600 121,600 43 123,200 123,200 123,200 44 124,800 124,800 124,800 45 126,400 126,400 126,400 46 128,000 128,000 128,000 47 129,600 129,600 129,600 48 131,200 131,200 131,200 49 132,800 132,800 132,800 50 134,400 134,400 134,400 51 135,520 136,000 136,000 52 136,640 137,600 137,600 53 137,760 139,200 139,200 54 138,880 140,800 140,800 55 140,000 142,400 142,400 56 144,000 144,000 57 144,800 144,800 58 145,600 145,600 59 146,400 146,400 60 147,200 147,200 61 148,000 148,000 62 148,800 148,800 63 149,600 149,600 64 150,000 150,000 65 151,200 151,200 66 152,000 152,000 If the specialized equipment exceeds the— 1. Allowable weight on an axle or axle group;

2. Gross weight for the number of axles; or 3. Does not meet the required axle spacings for the number of axles; the permit request will be considered according to the rules of section (15).

(12) Procedures for Emergency Movements.

(A) Railroad derailments and other civil or natural disasters may create the necessity for an emergency movement by oversize/overweight vehicles. The Missouri Department of Transportation shall also issue emergency utility response permits for the transporting of utility wires or cables, poles, and equipment needed for repair work immediately following a disaster where utility service has been disrupted, except for and excluding movements under section (15).

(B) Emergency movements into or within the state may be allowed day or night, seven (7) days a week by permit or verbal approval from either the motor carrier compliance supervisor or other designated motor carrier services representative.

(C) Following verbal approval, an official permit covering each emergency movement must be obtained on the first working day immediately following the move.

(D) Verbal authority for an emergency movement may be granted only after confirmation that an emergency exists by an authorized representative of the permittee who shall be required to furnish information on conditions at the location of the emergency and the name of the company to perform the emergency service.

(E) The Missouri Department of Transportation representative granting authority for an emergency movement will advise the Missouri State Highway Patrol that the move is authorized and furnish information on the vehicle involved, such as make and license of hauling units, axle weights, load dimensions, location, routes of travel, and the estimated time of the movement. The restriction prohibiting travel in tourist areas, during curfew hours, at night, and on holidays or holiday weekend periods will be waived for the initial response to the emergency site.

(F) Permits for return trips will be issued during regular working hours only and each unit must comply with the permit regulations’ limitations for weight and dimensions.

(G) Emergency movements are not exempt and will not be waived of the requirement to stop at weigh stations.

(H) Violations are not in the interest of public safety and any misrepresentation in the application, verbal request for a permit, or violation of the terms of the verbal authority for movement may result in denial of future authorizations being granted for an emergency move.

(I) Escort vehicles shall travel approximately three hundred feet (300') in front on two- (2-) lane highways or approximately three hundred feet (300') in rear on divided or undivided highways. Escort vehicles shall use clearance lights in lieu of flags, and reflectorized oversize or overwide load signs are required for travel at night or when visibility is less than five hundred feet (500'). Escort vehicles will not be allowed to convoy movements.

(J) In addition to the special provisions contained herein, the permittee shall use clearance lights in lieu of flags at the extreme edges of an overwidth load and reflectorized oversize or overwide load signs mounted on the front and rear of the vehicle and load when visibility is less than five hundred feet (500') and shall observe all other Missouri oversize and overweight permit regulations.

(K) The permittee shall be responsible for any damage to the roadway surface, shoulders, bridge structures, or other highway facilities resulting from operations authorized pursuant to this

section.

(13) Regulations for the movement of loads over twelve feet, six inches (12'6") to fourteen feet (14') wide. The following requirements in addition to the requirements of oversize and overweight permit regulations for movement of loads up to twelve feet, six inches (12'6") in width shall apply to all loads over twelve feet, six inches (12'6") to fourteen feet (14') in overall width.

(A) Restrictions and Requirements. Bridge crossings may require stopping traffic on two- (2-) lane highways where bridge width is less than twenty-eight feet (28'); a distance of at least one thousand feet (1,000') between oversize vehicles is required; escorts may act as flaggers.

1. Travel on interstate and other divided highways allowed from one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset except where restricted in tourist and urban areas (see subsections (9)(D) and (9)(E)) and as prohibited by holiday restrictions in subsection (1)(I).

2. No movement Monday through Friday from 6:30 a.m. to 9:00 a.m. and 3:30 p.m. to 6:00 p.m. on all other routes on the state highway system and no movement allowed on Saturday and Sunday in tourist areas (see subsection (9)(D)).

(B) Escort Requirements. One (1) escort is required for each oversize unit on the highway system. This escort shall be in the rear on divided or multi-lane undivided highways and in the front on two- (2-) lane highways. Continuous, uninterrupted two- (2-) way communication is required between the power unit and all escort vehicles.

(14) Regulations for the movement of loads over fourteen feet (14') to sixteen feet (16') overall width. The following requirements, in addition to the requirements of oversize and overweight permit regulations for movement of loads up to fourteen feet (14') in width, shall apply to the movement of allowed loads. Farm products (hay) shall not exceed fourteen feet (14') in width.

(A) Routes over which these loads will be considered are highways with pavement at least twenty-four feet (24') wide with at least four foot (4') shoulders and travel on routes of lesser width shall be for the shortest practical distance to complete the move, unless traffic volume, roadway alignment, and/or other circumstances justify alternate routing.

(B) Escort Requirements. Two (2) escorts are required on all multi-lane undivided and two- (2-) lane highways, one (1) front and one (1) rear. One (1) rear escort is required on all divided highways. Continuous, uninterrupted two- (2-) way communication is required between the power unit and all escort vehicles.

(C) Additional Restrictions and Requirements.

1. No movement on two- (2-) lane highways when dirt shoulders are wet.

2. Bridge crossing may require stopping traffic on two- (2-) lane highways where bridge width is less than thirty-two feet (32'). A distance of at least one thousand feet (1,000') between oversize vehicles is required; escorts may act as flaggers.

(15) Super Heavy and Large Load Movement. Loads in excess of routine permit limits will be considered according to the following regulations when air, rail, or water terminal points are not available:

(A) All permit applications with dimensions or weights exceeding the routine limits of the preceding oversize and overweight permit rule (generally in excess of sixteen feet (16') wide, sixteen feet (16') high, one hundred fifty feet (150') long and/or over one hundred sixty thousand (160,000) pounds gross weight) shall be submitted electronically, along with insurance coverage information. A minimum of four hundred twentyfive dollars ($425) may be required in escrow (to cover the cost of a bridge analysis) before an application can be processed.

The applicant should allow at least two (2) weeks for a route evaluation. If any problems exist that may prevent the move from reaching its destination over the state highway system, the application will not be approved;

(B) The applicant may be required to provide a traffic control plan, sketches, or additional information for complex moves.

One (1) lane for oncoming traffic must be open and clear for two- (2-) lane highways and one (1) lane for both oncoming and following traffic must be open on four- (4-) lane highways.

If open lanes cannot be provided, a detour may be proposed;

(C) If the loaded height exceeds seventeen feet (17'), the applicant shall provide a written document from the appropriate utility company indicating approval to disturb aerial lines across the route;

(D) If the gross vehicle weight exceeds three hundred fifty thousand (350,000) pounds, an additional power unit must accompany the load and will be considered part of the vehicle configuration when conducting roadway and bridge structure analyses. For moves limited in length, this requirement may be waived at the discretion of Motor Carrier Services;

(E) If it is necessary to adjust, modify, or remove state-owned property such as signal and sign mast arms, flashers, signs, etc., a qualified contractor approved by the Missouri Department of Transportation shall be hired by the applicant to perform the necessary adjustment or removal and replacement. Inspection and repair assessments may be levied against the utility contractor to recover all costs encumbered by the department and to ensure all state-owned property is restored to its original functioning condition;

(F) Restrictions and Requirements.

1. Travel on interstate and other divided highways allowed from one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset except where restricted in tourist and urban areas (see subsections (9)(D) and (9)(E)) and as prohibited by holiday restrictions in subsection (1)(I).

2. No movement from 6:30 a.m. to 9:00 a.m. and 3:30 p.m. to 6:00 p.m. on all other routes on the state highway system.

3. Travel is allowed on Saturday and Sunday for moves sixteen feet (16') wide and less except in tourist areas (see subsection (9)(D)) or when prohibited by holiday restrictions in subsection (1)(I).

4. Unless otherwise stated on the permit, dates and times of travel will be determined by the Missouri State Highway Patrol if the load requires their escort services;

(G) Escort Requirements. If Missouri State Highway Patrol escorts are required for a continuous portion of the move, but not the entire move, they are only required for that portion.

If the patrol escort is required for an intermittent portion of the move, they will be required to escort the entire move. In addition to escort requirements as outlined in subsection (9)

(G), the following requirements apply to super heavy and large load movements. No more than three civilian escorts are required for any combination of paragraphs 1. through 4. below:

1. One (1) front and one (1) rear civilian escort is required for all superloads in excess of three hundred fifty thousand (350,000) pounds;

2. One (1) front civilian escort is required for all superloads on two- (2-) lane highways except for superloads that do not exceed two hundred twenty thousand (220,000) pounds and are not subject to any other applicable escort requirements;

3. If a load is required to cross bridge structures at crawl speed in the Kansas City and St. Louis areas, then one (1) front and two (2) rear civilian escorts are required for that portion of the move;

4. One (1) front and one (1) rear civilian escort is required on divided and multi-lane undivided highways if load exceeds sixteen feet (16') wide; and 5. In addition to the civilian escorts requirements as specified in subsections (9)(G) and (15)(G), Missouri State Highway Patrol escorts are required when load exceeds— A. Sixteen feet (16') wide on any two- (2-) lane highway;

B. Eighteen feet (18') wide on divided or multi-lane undivided highway;

C. One hundred fifty feet (150') overall length on any highway;

D. Seventeen feet (17') high on any highway; or E. Any time deemed necessary due to complexity of route or load. The Missouri State Highway Patrol may conduct a Level I inspection prior to performing escort services. Motor Carrier Services may, at their discretion, waive Missouri State Highway Patrol escort requirement or allow the substitution of local or military law enforcement in the place of Missouri State Highway Patrol escorts;

(H) All future permitting authority for a carrier may be revoked if the Missouri State Highway Patrol, local or military law enforcement agencies acting as escorts, are not reimbursed for superload escorting services;

(I) Generally the maximum weight allowed on any single axle shall be twenty-two thousand four hundred (22,400) pounds for all moves classified under this section. All axles on the hauling unit must be load carrying with a maximum degree of equalization. The Missouri Department of Transportation shall determine whether or not the hauling unit, number of axles, and axle arrangements are acceptable. In all cases the maximum axle loads, gross weight, and overall dimensions allowed will be determined by the Missouri Department of Transportation according to section 304.200 of the Missouri Revised Statutes and/or the load carrying capacity of the roadway and structures on the proposed route;

(J) Before and after studies will be conducted of the highways and bridges traversed by the movement and any resulting damages shall be repaired at the expense of the permittee as directed by the Missouri Department of Transportation.

(16) Noncommercial Building (House) Movement.

(A) Permits are available for the movement of noncommercial buildings that exceed the established oversize and overweight permit limits listed in these regulations. These permits are available from district offices listed below. These rules and regulations are not intended for the movement of commercial buildings or repeated movements of similar buildings.

1. Permits for the movement of noncommercial buildings that exceed the established oversize and overweight permit limits are available from the district offices listed below:

A. St. Joseph—3602 North Belt Highway, St. Joseph, MO 64502, (816) 387-2350;

B. Hannibal—1711 Highway 61 South, Hannibal, MO 63401, (573) 248-2490;

C. Lee’s Summit—600 NE Colbern Road, Lee’s Summit, MO 64086, (816) 622-6500;

D. Jefferson City—1511 Missouri Boulevard, Jefferson City, MO 65109, (573) 751-3322;

E. Chesterfield—14301 S. Outer 40, Chesterfield, MO 63017-5712, (314) 340-4100;

F. Springfield—3025 E. Kearney, Springfield, MO 65801, (417) 895-7600; and G. Sikeston—2675 North Main Street, Sikeston, MO 63801, (573) 472-5333.

2. Movement of a building that will not allow one- (1-) way traffic to pass the load will be limited to no more than one (1) mile in length on the state highway system if the traffic volume on the proposed route exceeds five hundred (500) vehicles per day. If the traffic volume is less than five hundred (500) vehicles per day, movement will be considered up to a distance of three (3) miles on the state highway system.

3. Movement of a building greater than sixteen feet (16') in overall width that will allow one- (1-) way traffic to pass the load will be limited to no more than two (2) miles on the state highway system if the traffic volume on the proposed route exceeds two thousand (2,000) vehicles per day. If the traffic volume is less than two thousand (2,000) vehicles per day, movement will be considered up to a distance of ten (10) miles on the state highway system.

4. The traveled distances listed in the above two (2) paragraphs reflect the total miles of the move on the state highway system rather than miles allowed to move per attempt. Short segments of the state highway system may be used in a move provided the total mileage allowed on the state highway system is not exceeded. The district engineer or his/her representative may consider a longer travel distance if the entire move can be made during periods of lower traffic volumes listed in the above two (2) paragraphs of this section.

Additional restrictions regarding travel during adverse weather conditions are at the discretion of the Missouri Department of Transportation district engineer or his/her representative.

(B) The allowable overall height, width, length, and time of travel shall be based on physical features and traffic volumes along the route. Bridges posted with a maximum weight limit of less than forty (40) tons should be avoided and will be analyzed for the type of vehicle and load prior to receiving approval to cross that bridge. All axles on the hauling unit shall be load carrying with a maximum degree of equalization. The district engineer or his/her representative shall determine whether or not the hauling unit, number of axles, and axle arrangements are acceptable. When it is determined a bridge analysis is required, an additional fee shall be charged to recover bridge analysis costs. See subsection (4)(B). Loads in excess of sixteen feet (16') in width may require a sketch displaying the side and rear view of the load with dimensions including any overhang.

(C) If the load is over seventeen feet (17') high the applicant shall check all overhead clearance restrictions and provide written documentation from any involved utility company indicating approval to disturb aerial lines across the route. The applicant must also submit written acknowledgment from all cities/counties in which the move occurs. If it is necessary to adjust, modify, or remove state-owned property such as signal and sign mast arms, flashers, signs, etc., a qualified contractor approved by the Missouri Department of Transportation shall be hired by the applicant to perform the necessary adjustment or removal and replacement. See section 324.721, RSMo, for additional information.

(D) For the purpose of moves under section (16), the applicant must have a current house-mover license or be the individual owner of the house being transported. As applicable, the applicant must be compliant with all necessary operating

(E) Escort Requirements. Applicants should refer to sections 324.700 through 324.745, RSMo, for additional information pertaining to house moves. In addition to escort requirements as outlined in section (9), the following requirements apply to all house moves performed by licensed housemovers and persons moving their houses from or to property individually owned by those persons:

1. One (1) front and one (1) rear civilian escort is required for all house moves on multi-lane undivided and two- (2-) lane highways, except— A. One (1) rear civilian escort is required for all house moves on divided highways;

B. One (1) front and two (2) rear civilian escorts are required in Kansas City and St. Louis areas when load is required to cross bridge structures at crawl speed; and C. Law enforcement and/or additional civilian escorts may be required at the district engineer or his/her representative’s discretion.

Original rule filed July 12, 2005, effective Feb. 28, 2006. Emergency amendment filed July 7, 2008, effective Sept. 2, 2008, expired Feb. 28, 2009. Amended: Filed July 7, 2008, effective Feb. 28, 2009.

Amended: Filed Dec. 5, 2014, effective July 30, 2015. Amended:

Filed Oct. 14, 2016, effective July 30, 2017. Amended: Filed Oct. 8, 2020, effective May 30, 2021. Amended: Filed July 8, 2022, effective Feb. 28, 2023. Amended: Filed Aug. 9, 2024, effective March 30, 2025. *Original authority: 304.180, RSMo 1939, amended 1943, 1949, 1951, 1957, 1963, 1965, 1967, 1983, 1985, 2000, 2001, 2008, 2012, 2013, 2014, 2015, 2017, 2018, 2020, 2022, 2023, and 304.200, RSMo 1939, amended 1943, 1949, 1972, 1979, 1983, 1985, 1988, 1989, 1995, 1996, 2000, 2002.

History

• authority requirements and demonstrate the requisite insurance coverage in the amount of two (2) million dollars combined single limit automobile liability before a permit can be issued. The applicant shall provide evidence of such license and insurance to the Missouri Department of Transportation.
• AUTHORITY: section 304.200, RSMo 2016, and section 304.180, RSMo Supp. 2024. This rule was previously filed as 7 CSR 10-2.010.

7 CSR 10-25.030 Apportion Registration Pursuant to the International Registration Plan has the authority to negotiate and to enter reciprocal agreements with other jurisdictions. {#sec-7-csr-10-25.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-25.030}

This rule explains the provisions under which apportionment of registration fees with other jurisdictions can be accomplished and how to apply for registration under the International Registration Plan.

(1) Definitions— (A) Commission means the Missouri Highways and Transportation Commission created in Article IV, Section 29, of the Missouri Constitution;

(B) Director means the director of the Motor Carrier Services Division of the Missouri Department of Transportation who is the official designated by the commission to be responsible for administration of the International Registration Plan (IRP);

(C) Division means the Motor Carrier Services Division of the Missouri Department of Transportation; and (D) Temporary vehicle registration means a temporary permit authorizing operation of vehicles in other member jurisdictions pending full registration upon completion of the initial or renewal application.

(2) Whenever the commission has entered into a reciprocal agreement providing for exemption from registration or the payment of registration fees on an apportionment basis with other member jurisdictions, the operator of a fleet of vehicles based in any one (1) of the member jurisdictions must comply with the provisions of the applicable agreement. The International Registration Plan (IRP) is a registration reciprocity agreement among the states of the United States, Washington DC, and the Canadian provinces and includes Missouri as a member. The IRP, published January 1, 2022, is incorporated herein by reference and made a part of this rule as published by the International Registration Plan, Inc., 4196 Merchant Plaza, #225, Lake Ridge, VA 22192. This rule does not incorporate any subsequent amendments or additions.

(3) The registrant shall be required to preserve all operational records on which the registrant’s application for apportioned registration is based for a period of three (3) years following the close of the registration year to which the application pertains and to make these records available for examination by the commission at its request. Upon initial or renewal application for apportioned registration, the registrant will provide any actual distance traveled in any member jurisdictions for the reporting period or be allowed to estimate distance pursuant to the standards in the IRP in the jurisdictions intended to operate. The fees on estimated distances shall be calculated to conform with the IRP. The commission may use an average per-vehicle distance based on its own data if the registrant’s estimated distance is not acceptable to the commission.

(4) Qualified vehicles proportionally registered and displaying the Missouri credentials shall be deemed properly registered in all jurisdictions where such vehicle is proportionally registered for any type of movement or operation provided the registrant has proper interstate or intrastate authority from the commission or is exempt from regulation by the commission.

(5) All qualified vehicles shall be registered on a quarterly staggered registration year basis beginning either January 1, April 1, July 1, or October 1. Applications for renewal and payment are to be filed in accordance with section 301.041, RSMo. A waiver request, in writing, of late filing or late payment may be granted one (1) time only or for other circumstances which the director or his/her designee deems appropriate.

(6) Properly prepared proportional applications will be accepted electronically through the commission’s secure MoDOT Carrier Express business application or as otherwise prescribed by the commission in the division’s procedure manual and shall be subject to audit. The commission may refuse to accept applications which list operations that do not appear to be based in or accumulating distance in Missouri, or from applicants or operations whose registration privileges are currently revoked or suspended in another member jurisdiction. The commission reserves the right to obtain further documentation or information to verify compliance with this section. All plates and cab cards and reciprocal exemptions are subject to cancellation and revocation in the event of erroneous issuance or if any fees remain unpaid.

(7) Cab Card. Evidence of registration other than the license plate which shall be carried at all times in the vehicle for which it is issued and shall be valid for the current registration period. Qualified vehicle cab cards are issued each registration year upon payment. Trailers will be issued a permanent, nonexpiring cab card. Acceptable forms of a cab card include but are not limited to the originally issued registration, including such registration issued by electronic means, and any facsimile transmission or photocopy of such original cab card. All acceptable forms of a cab card shall be legible upon visual inspection.

(8) Upon completion of initial or renewal applications, subsequent applications may be filed during the current registration year to— (A) Add vehicle—addition of a power unit or trailer to the fleet that has not been previously registered;

(B) Add vehicle and transfer—the removal of a vehicle from service in a registered fleet to be replaced with another vehicle whether the registered gross weight is the same, to be increased, or to be decreased. A fee credit is not allowed for a vehicle not permanently removed from the fleet such as removal for repair or rebuilding. If the vehicle has been permanently removed from fleet service due to destruction by accident or change of ownership, change of base point, or expiration or cancellation of lease, the registrant may replace the vehicle with a replacement vehicle. If a registrant elects to remove or withdraw a vehicle from its fleet, the registrant shall either: 1) return the cab card issued to the operator by the commission with an application for the transfer of proportional credentials; or 2) certify that the cab card has been lost, stolen, or destroyed. For each member jurisdiction in which operation has been requested, any required fees will be assessed for those member jurisdictions in accordance with those member jurisdictions’ laws. Applications for transfer of apportioned credentials that request a replacement plate must be accompanied by a replacement fee for each plate replaced. Once a vehicle has been removed, the same vehicle cannot later be added back to the fleet for the registration year without the payment of additional fees unless proof of non-use or proof of new ownership is submitted. Upon audit, credit will not be transferable if it is determined that the removed unit was still operating. If a vehicle is added or readded to the registration fleet and has been issued a Missouri plate in which one hundred percent (100%) of the fees were paid to Missouri, credit will be given on the apportioned fees due Missouri for the current registration year. Additions and removals to a registered fleet will not be accepted when the carrier’s account indicates that past additions and removals were only temporary or for the purpose of allowing two (2) or more vehicles to operate on the payment of one (1) fee for the registration year;

(C) Delete vehicle—removal of a vehicle from service in a registered fleet. The plate(s) must be surrendered. The director uses the date the plate is surrendered as a basis for credit or refund, which will be issued pursuant to section 301.121, RSMo.

The director provides the registrant with notification letters to other member jurisdictions in which fees have been paid that the applicant may use to obtain refunds, if applicable, from other member jurisdictions. All apportioned license plates for which renewal is not requested shall be returned or postmarked to the director at the end of the current registration year. If an applicant initially elects to renew registration for a vehicle during the annual renewal process and pays all required fees to Missouri and other member jurisdictions for the new registration year and then determines that registration is not desired prior to the effective date of the new registration year, the carrier may obtain a full refund of such registration fees if the plate is returned or postmarked to the director by the last day of the current registration year;

(D) Replace cab card—the issuance of a new cab card to replace originally issued cab card;

(E) Fleet to fleet transfer—the movement of a vehicle with plate from one (1) fleet to another within the same carrier account during the current registration year. The director allows credit for fees paid to Missouri. Other member jurisdictions listed in the fleet registration may require additional fees or repayment of fees based on the distance percentage of the new fleet;

(F) Replace plate—the reissuance of a lost, stolen, or destroyed plate;

(G) Amend vehicle—changes or corrections to vehicles in a registration fleet within a carrier account during the current registration year. Any vehicle information except the vehicle identification number may be changed. Fees are calculated based on the amended vehicle application date and vehicle changes;

(H) Cab card correction—changes or corrections to the cab card such as equipment number, make of vehicle, vehicle identification number, title state, title number, United States Department of Transportation (USDOT) number at the vehicle level, and federal identification number at the vehicle level, which has no bearing on fees previously assessed for other member jurisdictions. A new cab card will be issued upon payment of the cab card fee;

(I) Change carrier type/commodity class—changes or corrections to a carrier’s type of operation for a specific registered fleet within a carrier account such as private, for hire, and commodity hauled. For member jurisdictions which base fees on carrier type and commodity hauled, additional fees may be due;

(J) Name change—change or correction of the legal name of the registrant at the account level, including USDOT number and federal identification number; or (K) Weight group change—changes to the weights of a group of vehicles which operate at a specific weight in Missouri and other member jurisdictions. Fees will be assessed for the member jurisdictions in accordance with those member jurisdictions’ laws based on the weight group changes which were made to all the vehicles within the group. In cases of weight group decrease, no refund or credit will be made.

(9) Temporary Vehicle Registration. Upon prior and immediate submission of: payment of all required fees, creation of an account with the commission, and all required documentation that shall be subject to approval by the director or the director’s designee, then the commission may issue temporary vehicle registration (TVR), in lieu of apportioned registration and licenses, for forty-five (45) days for Missouri-based licensed vehicles so that a vehicle may immediately operate upon the highways of Missouri. A Missouri-based licensed vehicle may have one (1) fifteen- (15-) day TVR extension, but only after all fees have been paid and all required documents have been submitted and have received approval. Copies of the TVRs must be carried in the vehicles at all times when no cab cards are available and displayed upon request of any law enforcement or Missouri Department of Transportation official.

(A) Suspension. After issuance of any TVR, if the commission determines that payment of the required fees were not deposited with the commission and/or the commission determines the documentation, for any reason, is insufficient to support the continued use of the TVR, or the privilege of a TVR is being abused, the commission shall suspend the registrant’s privileges of receiving TVRs and/or additional credentials for that registrant’s vehicles for the duration of the suspension period. A suspension period shall not exceed six (6) months.

Prior to the issuance of any suspension of TVRs and credentials, the commission shall notify the registrant in writing that the commission shall suspend the registrant’s TVR effective on a date ten (10) days after the date of the letter, the reason or reasons for, and duration of, the suspension, and provide information regarding the action or actions the registrant must complete within ten (10) days of the date of the letter to become compliant and avoid imposition of the suspension.

Upon the registrant taking the action or actions set forth in the commission’s notice, the suspension shall be terminated. If the suspension is solely due to TVR abuse, the registrant shall not receive TVRs for the length of the suspension, but may receive other credentials.

(B) Revocation. The alteration of a TVR will result in a one- (1-) year TVR revocation. Revocation of TVR privileges will be reviewed not later than one (1) year after the revocation was imposed and became effective at which time if all delinquent fees are paid and all required registration documentation is submitted and confirmed by the director, or the director’s designee, to be accurate, then a reinstatement order will be issued.

(C) Flagrant and/or repeated violations. Flagrant or repeated violations of these rules related to TVR credentials are not in the interest of public safety and the carrier will be advised by the director in writing if the carrier’s record requires that future TVR credentials shall not be granted to the carrier by the commission. Suspensions, revocations, and reinstatements may be modified or rescinded by the director, or the director’s designee.

(D) Fees. When a request for TVR is made, fees will be charged according to the application type from the time of issuance until the end of the registration year. At no time will the application type be changed during operation or after the expiration of the TVR unless approved by the director or his/her designee. The director or his/her designee may cancel the TVR if the registrant returns the TVR within five (5) days of issuance or reduce TVR fees if the TVR is returned before the expiration date and provided the registrant submits adequate proof to support registrant’s written request for reduction of fees.

(E) Delegation. The commission hereby delegates any action it is required or may take under this section (9) to the director, or the director’s designee.

(10) Trip Leasing.

(A) A registrant may lease equipment to another fleet registrant and the lessor shall be responsible for reporting the distance traveled by the leased equipment. The lessee shall be the person using and operating the equipment by the lease agreement.

(B) An apportioned vehicle may be leased to a nonapportioned carrier in any jurisdiction. The lessor shall be responsible for reporting the distance traveled by the leased equipment.

(11) The commission reserves the power to fix and collect a reasonable fee to cover the costs of handling and issuing all credentials or other evidence of proper registration necessary for operating a qualified vehicle in this state.

(12) The commission shall require the following prerequisite documentation to support an application for apportioned registration:

(A) Personal Property Tax Receipt Required. A Missouri tax receipt or a statement certified by the county or township collector of the county or township in which the applicant’s property was assessed showing payment of the personal property tax or that no tax is due by the owner is a prerequisite to the registration of qualified vehicles. A detailed vehicle listing or copy of the assessment form filed by the vehicle owner with the county assessor may be requested in addition to the tax receipts when the receipt does not include complete vehicle information. Carriers using Missouri as the base jurisdiction for apportioned registration purposes asserting no distance was operated by specific vehicles in Missouri shall submit to the commission the Affidavit Affirming No Missouri Distance Traveled, which is incorporated herein by reference and made a part of this rule as published by the Missouri Highways and Transportation Commission, 105 W. Capitol Avenue, PO Box 270, Jefferson City, MO 65102, effective September 25, 2023, which lists those specific vehicles and requires the signatures of both the county collector and assessor. This rule does not incorporate any subsequent amendments or additions of this affidavit. Such affidavit shall not be used as a waiver by any registrant. The Affidavit Affirming No Missouri Distance Traveled may be obtained from the Motor Carrier Services Division website at http://www.modot.org/sites/default/files/ documents/Affidavit-NoMOMiles.pdf;

(B) Federal Heavy Vehicle Use Tax Receipt Required. Qualified vehicles that have a taxable gross weight of fifty-five thousand pounds (55,000 lbs.) or more are required to show proof of payment of Federal Heavy Vehicle Use Tax or that no tax is due as a prerequisite to the registration of a qualified vehicle;

(C) Liability Insurance. Effective July 1, 1987, each Missouribased registrant must maintain liability insurance coverage or provide proof of self-insurance, if applicable, on all vehicles bearing a Missouri-apportioned license plate. Proof of liability insurance coverage is a prerequisite to the registration of a qualified vehicle;

(D) Lease Agreement. A copy of all lease agreement(s), if applicable, will be required for all vehicles under the control and possession of the registrant. Such lease agreement shall comply with the requirements of 7 CSR 265-10.040; and (E) Titles. Proof of certificate of ownership is required for all vehicles. When the vehicle is owned by the registrant, a Missouri certificate of ownership in the legal name of the registrant will be required. When a vehicle is owned by another entity other than the registrant, the certificate of ownership from the entity’s resident jurisdiction will be accepted.

(13) Vehicles Operated Solely in Intrastate Commerce.

Notwithstanding any other provision of law, no reciprocity shall be granted under any statute or agreement for the operation of any qualified vehicle within Missouri solely in intrastate commerce, but all vehicles so engaged must be duly registered and licensed in Missouri.

(14) Any contractor or subcontractor of the commission that at all times, while conducting business with the commission under such contract, be in good standing with the laws of commission, or shall obtain full compliance with such laws or rules within ten (10) days of being notified in writing of noncompliance by Motor Carrier Services Division (MCS).

RSMo 2016.* This rule originally filed as 12 CSR 20-3.010. Original

rule filed July 22, 1965, effective Aug. 1, 1965. Amended: Filed Oct. 28, 1974, effective Nov. 7, 1974. Amended: Filed Oct. 15, 1986, effective Jan. 30, 1987. Amended: Filed Nov. 1, 1991, effective March 9, 1992. Emergency amendment filed Feb. 8, 2007, effective March 3, 2007, expired Aug. 29, 2007. Moved and amended: Filed Feb. 8, 2007, effective Aug. 30, 2007. Amended: Filed Aug. 9, 2007, effective July 1, 2008. Amended: Filed May 15, 2015, effective Dec. 30, 2015.

Filed June 3, 2022, effective Jan. 30, 2023. Amended: Filed Dec. 8, 2023, effective July 30, 2024.

Brady Motorfrate, Inc, v. State Tax Commission, 517 SW2d 133 (1974). Court concluded that the statute under which this rule was promulgated did not expressly or by implication provide for the automatic modification of the agreement by one of the contracting states (Missouri) upon the occurrence of a breach of the terms of the agreement by any other contracting state (Iowa), and does not countenance, authorize or compel unilateral retaliatory action following such a breach.

7 CSR 10-25.040 Notice to be Given to Consumers by Household Goods Carriers—Timing of Delivery, Form and Contents {#sec-7-csr-10-25.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-25.040}

PURPOSE: This rule requires motor carriers of household goods to provide an informational pamphlet to customers or potential customers at appropriate times, informing them of their rights and obligations as consumers of intrastate household goods carriage services. The intent of the rule is to better inform consumers and reduce the likelihood of disputes arising between household goods carriers and their customers.

(1) Motor carriers transporting or offering to transport household goods in intrastate commerce on the public roads of this state shall provide a notice of consumer rights and obligations as set forth herein to their shipper customers or potential customers.

(2) The notice shall be provided to the shipper customer or potential customer at the first occurrence of the following events between the carrier and the shipper customer:

(A) When the carrier presents to the shipper customer any binding or non-binding estimate of charges for carriage of household goods in intrastate commerce;

(B) When the carrier takes any action in furtherance of assuming the carriage rights and responsibilities of any other carrier, which has become incapable, for any reason, to complete a shipment of household goods in intrastate commerce;

(C) When the carrier presents to the shipper customer any contract or offer to provide for carriage of household goods.

(3) The notice to be provided shall be delivered by hand delivery, in person, when the contact with the shipper customer or potential customer as described in section (2) above is in person contact. When the contact with the shipper customer or potential customer is by telephone or mail, the notice to be provided shall be delivered by depositing the notice brochure, enveloped and addressed properly to the shipper customer or potential customer, into United States mail, first class postage prepaid, within two (2) working days of the telephone or mail contact. Carriers may send the notice via facsimile transmission, e-mail, or any other electronic medium which accurately duplicates the prescribed form and content of the notice, within two (2) working days after an event described in section (2) of this rule. Carriers shall send the notice by such an electronic medium, if available, whenever the shipper customer or potential customer has requested notice via that medium, or has contacted the carrier by that medium and has not requested notice by a different medium.

(4) Motor carriers of household goods shall maintain a permanent written record which certifies that they delivered the required notice pamphlet to the shipper customer or potential customer as required by this rule, including the date and manner of delivery. This record shall be kept at the carrier’s principal place of business or terminal of operations responsible for that move.

(5) The notice of customer rights and obligations shall contain words and phrases set forth in the current form of notice printed by the Department of Transportation (MoDOT), in not less than nine (9)-point type, in a readily legible format.

The Department of Transportation shall make copies of the notice available in reasonable quantities at no cost to the household goods carriers registered for intrastate carriage in this state. The notice can be found on the MoDOT Motor Carrier Services website located at: http//www.modot.mo.gov/ mcs.

(6) Motor carriers of household goods in intrastate commerce shall, prior to delivery of the notice brochure required by this rule, insert or affix their company name, address and telephone number by imprint, stamp or decal affixed to the blank space provided for such information in the notice form prescribed by MoDOT.

(7) Motor carriers of household goods in intrastate commerce shall maintain records of delivery of the notice required by this rule at their principal place of business or terminal of operations responsible for the move, for a minimum period of twelve (12) months following the contact with the shipper customer or potential customer, and shall produce such records for inspection upon demand at any time by authorized Motor Carrier Services Inspectors or other authorized personnel from the Department of Transportation.

(8) Nothing in this rule shall be construed to cause, work, provide or effect any representation, guarantee, warranty, indemnification or other assurance by the state of Missouri, the Missouri Highways and Transportation Commission or the Missouri Department of Transportation, of the services, representations or compensations for damages of any motor carrier to any shipper customer or potential customer of any motor carrier.

History

• AUTHORITY: sections 226.008, RSMo Supp. 2005 and 387.060, RSMo 2000. Original rule filed Aug. 16, 2004, effective March 30, 2005. Amended: Filed May 11, 2006, effective Nov. 30, 2006. Original authority: 226.008, RSMo 2002 and 387.060, RSMo 1939, amended 1996.

7 CSR 10-25.050 Reciprocity with Other States—Registration of Trailers has the authority to negotiate and to enter reciprocal agreements with other jurisdictions for registration of commercial motor vehicles for interstate commercial use of the highways. {#sec-7-csr-10-25.050 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-25.050}

This rule interprets the statutes with respect to reciprocity and registration.

(1) Trailers. Unless otherwise provided by duly executed reciprocity agreements authorized by law, trailers registered in any member jurisdiction may be operated in combination with any motor vehicle properly registered pursuant to such reciprocity agreement.

(2) The Highways and Transportation Commission delegates to the Department of Transportation’s Motor Carrier Services Division (MCS) the authority to issue temporary vehicle registration in lieu of permanent registrations for interstate trailers. The original or a copy of the cab card authorized pursuant to 7 CSR 10-25.030(8) for the trailer must be carried in or upon the tractor pulling the trailer at all times. To register any number of trailers with the commission, a person or corporation must have at least one (1) tractor registered with the commission.

(3) Reciprocal privileges granted under section 301.271, RSMo can only be granted to an owner who is not a resident of Missouri, who has properly registered the vehicle desired to be operated within the jurisdiction where the owner is a resident.

(4) Vehicles operating solely in interstate commerce on the highways of Missouri are not required to pay Missouri motor vehicle registration fees. Vehicles operating or moving in solely intrastate commerce between two (2) points in Missouri or carrying any merchandise or passengers between two (2) points in Missouri will be required to pay the full Missouri motor vehicle registration fees required for the operation.

(5) In the event of the loss, theft, mutilation, or destruction of any license plate the registrant may file with the commission a notice of such loss, theft, mutilation, or destruction together with any fee required by section 301.300, RSMo, to obtain a duplicate or replacement plate.

(6) Any contractor or sub-contractor of the commission that at all times while conducting business with the commission under such contract be in good standing with the laws of commission, or shall obtain full compliance with such laws or rules within ten (10) days of being notified of noncompliance by MCS.

Amended: Filed Oct. 28, 1974, effective Nov. 7, 1974. Amended:

Filed Oct. 15, 1986, effective Jan. 30, 1987. Moved to 7 CSR 10- 25.050 and amended: Filed Aug. 9, 2007, effective Feb. 29, 2008. *Original authority: 226.130, RSMo 1939, amended 1993, 1995; 226.008, RSMo 1988, amended 1993, 2002; and 301.275, RSMo 1958.

Brady Motorfrate, Inc. v. State Tax Commission 517 SW2d 133, (1974). Court concluded that the statute under which this

rule was promulgated did not expressly or by implication provide for the automatic modification of the agreement by one of the contracting states (Mo.) upon the occurrence of a breach of the terms of the agreement by any other contracting state (Iowa) and does not countenance, authorize or compel unilateral retaliatory action following such a breach.

History

• AUTHORITY: sections 226.130 and 301.275, RSMo 2000 and 226.008, RSMo Supp. 2007. This rule previously filed as 12 CSR 20-2.010. Original rule filed July 22, 1965, effective Aug. 1, 1965.

7 CSR 10-25.060 Trip Permits and Hunter’s (Unladen) Permits has the authority to issue trip permits for specified limited periods of commercial interstate use of Missouri highways. {#sec-7-csr-10-25.060 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-25.060}

This rule interprets the purposes and the requirements for such issuance by the commission.

(1) Definitions.

(A) Fuel trip permit means a seventy-two (72) hour permit which is used to satisfy motor fuel use tax obligations on a trip-by-trip basis.

(B) Hunter’s (Unladen) permit authorizes the movement of a vehicle which was proportionally registered in Missouri for purposes of securing a new lease agreement at the empty weight for thirty (30) days in member jurisdictions of the International Registration Plan (IRP).

(C) Seventy-two (72) hour reciprocity trip permit authorizes a vehicle legally registered in another jurisdiction to be operated intra-jurisdictionally and inter-jurisdictionally on the highways of Missouri in lieu of apportioned or full registration.

(D) Seventy-two (72) hour permit authorizes the movement of a vehicle on the highways of Missouri pending issuance of credentials when such vehicle is registered in accordance with

Chapter 390, RSMo.

(2) Trip permits may be obtained from the commission through its Motor Carrier Services Division (MCS) in Jefferson City, Missouri, electronically through the commission’s secure MoDOT Carrier Express business application or from private contractors. The commission will not assume responsibility of loss for a transaction between two (2) private entities when a permit is not claimed by the applicant.

(3) Trip permits may be obtained either singly as one (1) permit, in two (2) parts as one (1) permit, or in three (3) parts as one (1) permit in any number by completing the application and remitting the proper fees.

(4) The commission is authorized to enter into contracts with third parties to sell trip permits to the general public.

(5) A hunter’s permit may be obtained from the commission only when— (A) The commercial motor vehicle has been proportionally registered with the commission;

(B) The vehicle cannot be operated on Missouri highways because of lease cancellation;

(C) The plate on the vehicle has been returned to either the commission or to the lessee; and (D) All other prerequisites of section 301.266, RSMo, are fulfilled.

(6) The fee for trip or hunter’s permits specified under state law is nonrefundable.

(7) The trip or hunter’s permit shall be in full force and effect before the operation of the motor vehicle commences on Missouri highways.

History

• AUTHORITY: sections 142.830, 226.008, 226.130, 301.265, 301.267, 301.275, and 390.136, RSMo 2016. This rule originally filed as 12 CSR 20-6.010. Original rule filed Nov. 20, 1967, effective Jan. 1, 1968. Amended: Filed Oct. 15, 1986, effective Jan. 30, 1987. Moved to 7 CSR 10-25.060 and amended: Filed Aug. 9, 2007, effective Feb. 29, 2008. Amended: Filed Dec. 8, 2023, effective July 30, 2024. Original authority: 142.830, RSMo 1998; 226.008, RSMo 2002, amended 2014; 226.130, RSMo 1939, amended 1993, 1995; 301.265, RSMo 1965, amended 1971, 1975, 1986; 301.267, RSMo 1975, amended 1986; 301.275, RSMo 1958; and 390.136, RSMo 1939, amended 1951, 1969, 1975, 1984, 1986, 1988, 2004.

7 CSR 10-25.070 Definitions {#sec-7-csr-10-25.070 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-25.070}

PURPOSE: This rule sets forth and defines terms used in rules under this chapter which are not defined in the International Fuel Tax Agreement. publication of the entire text of the material that 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) When used in administrative rules 7 CSR 10-25.070 through 7 CSR 10-25.073, the following words and phrases have the meaning set forth here in this rule:

(A) “Agreement” means the International Fuel Tax Agreement (IFTA), which is incorporated herein by reference and made a

part of this rule as published by the International Fuel Tax Association, Inc., PO Box 7147, Mesa, AZ 85216-7147, revised January 1, 2022. This rule does not incorporate any subsequent amendments or additions to this manual;

(B) “Bulk fuel storage” means a bulk fuel storage facility is being used to redistribute tax paid fuel into qualified vehicles as needed. Credit may be claimed on the tax paid purchase, on the IFTA return under “tax-paid gallons”, as it is placed into the tanks of qualified vehicles provided the licensee maintains the date of withdrawal, number of gallons or liters withdrawn, fuel type, unit number of the vehicle into which the fuel was placed, and purchase invoices and inventory records showing that tax was paid on the bulk fuel purchases;

(C) “Cash bond” means a guaranteed payment to cover any outstanding tax liability;

(D)

“Commission” means the Missouri Highways and Transportation Commission created in Article IV, Section 29 of the Missouri Constitution;

(E) “Director” means the director of the Motor Carrier Services Division of the Missouri Department of Transportation who is the official designated by the commission to be responsible for administration of the Agreement;

(F)

“Fuel trip permit miles” means miles accumulated while operating on a temporary fuel permit. Fuel trip permit miles are not taxable miles in any member jurisdiction. Fuel trip permit miles are included as total miles traveled on the quarterly tax return but are not included as taxable miles for the jurisdiction that issued the permit;

(G) “Idle time” means fuel used when the engine is running but not propelling the vehicle;

(H) “IFTA” means the International Fuel Tax Agreement;

(I) “Nontaxable fuel” is tax-paid fuel used to power a vehicle on roads other than the state’s public highways (off-highway use); fuel used to operate devices mounted on the vehicle and powered by a power take-off (PTO) attached to the vehicle’s transmission or used to power a refrigeration unit, generator, or any similar equipment wherein fuel is not used to power the tractor. Nontaxable fuel uses do not affect IFTA reporting.

The IFTA quarterly tax return must include all gallons used by the licensee’s qualified motor vehicles during the reporting period. Missouri allows refunds of fuel use tax on fuel used for purposes other than operating on the state’s public highway system. To recover fuel tax paid on fuel used in other nontaxable ways, a licensee must file a claim for motor fuel tax refund with the Missouri Department of Revenue;

(J) “Nontaxable miles” are miles traveled while using a fuel trip permit. Fuel trip permit miles are not taxable miles in any member jurisdiction. Fuel trip permit miles are included as “total miles” on the quarterly tax return but are not included as “taxable miles” for the jurisdiction that issued the permit. Toll miles are taxable miles. Toll fees are not fuel taxes;

(K) “Off highway/road miles” are miles not driven on a public highway. These miles are taxable on the IFTA quarterly tax form in the total miles and taxable miles section. A licensee’s IFTA quarterly tax return must include all miles traveled by qualified motor vehicles during the reporting period. Missouri allows refunds of motor fuel taxes paid on fuel used for purposes other than operating on the state’s public highway system. Licensees can claim a motor fuel tax refund with the Missouri Department of Revenue;

(L) “Power of attorney” means a written statement legally authorizing a person to act on behalf of the applicant or licensee; and (M) “Power Take Off (PTO) Equipment” means any accessory that is mounted onto, or an integral part of, the transmission of a motor vehicle that is registered for highway purposes and the equipment is powered by the main engine that also propels the vehicle.

(2) These definitions are supplemental to the definitions in the IFTA and shall be construed as consistent with the Agreement.

In the event of a conflict between these definitions and the Agreement, the Agreement shall control.

RSMo 2016.* This rule originally filed as 12 CSR 20-7.010. Original 25.070 and amended: Filed Aug. 9, 2007, effective Feb. 29, 2008.

Filed June 3, 2022, effective Jan. 30, 2023.

7 CSR 10-25.071 Application for International Fuel Tax Agreement License {#sec-7-csr-10-25.071 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-25.071}

PURPOSE: This rule sets forth the procedures to be followed by an applicant to obtain an International Fuel Tax Agreement license.

(1) A person or entity desiring to obtain an International Fuel Tax Agreement (IFTA) license shall file an application with the commission in accordance with provisions of the IFTA and sections 142.617 and 226.008, RSMo.

(2) Applications will be accepted electronically through the commission’s secure MoDOT Carrier Express business application or as otherwise prescribed by the commission in the Motor Carrier Services division procedure manual.

(3) The applicant shall provide the information requested on the application form prescribed by IFTA and shall also include, but not be limited to, the following:

(A) The applicant’s United States Department of Transportation (USDOT) number, if applicable;

(B) Whether petroleum products are transported;

(C) Lease information, if applicable;

(D) Proof of Missouri plate registration and/or proof of Missouri application for apportioned registration under the International Registration Plan; and (E) History of any out-of-state IFTA license.

(4) The applicant shall certify under penalty of law that the information contained in the application is true, accurate and complete, and that s/he agrees to comply with the reporting, record keeping, payment, display of decals and other requirements of the IFTA and the laws of this state.

(5) The applicant may appoint a carrier service or any other person other than the applicant as its power of attorney, but must submit the notarized power of attorney in writing to the commission prior to the applicant being issued an IFTA license.

(6) The applicant shall agree as part of the application that this state may withhold any refunds due if the applicant is delinquent in payment of fuel taxes due any IFTA member jurisdiction.

(7) The commission shall review the application and, upon satisfaction that the information contained in the application is true, accurate, and complete, and that the applicant is not under revocation by any IFTA member jurisdiction at the time of application, issue the IFTA license and decals.

(8) The new year IFTA decal may be displayed one (1) month prior to its effective date with the current and new year IFTA license.

(9) The IFTA license shall be valid for the current calendar year ending December 31, and shall be reproduced by the licensee and placed in the qualified motor vehicles of the licensee’s fleet.

(10) A thirty- (30-) day temporary decal permit may be issued to a licensee in good standing to carry in lieu of displaying the annual decals. The temporary decal shall be vehicle specific, include an expiration date, and need not be displayed, but shall be carried in the vehicle with the current IFTA license.

(11) A licensee who has been suspended, or an applicant or licensee who has been denied issuance of an IFTA license for failure to comply with the requirements of IFTA or other requirements set forth by the commission may appeal the suspension or denial in accordance with the procedures set forth in 7 CSR 10-25.090.

RSMo 2016.* This rule previously filed as 12 CSR 20-7.020. Original 25.071 and amended: Filed Aug. 9, 2007, effective Feb. 29, 2008.

Amended: Filed June 3, 2022, effective Jan. 30, 2023. Amended:

7 CSR 10-25.072 Fuel Tax Returns {#sec-7-csr-10-25.072 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-25.072}

PURPOSE: This rule sets forth the procedures to be followed by a licensee in filing quarterly fuel tax returns.

(1) The licensee shall file a return with the commission each calendar quarter. Quarterly returns required to be filed by this

rule and the agreement shall be filed as follows:

(A) First quarter returns are due on or before April 30;

(B) Second quarter returns are due on or before July 31;

(C) Third quarter returns are due on or before October 31; and (D) Fourth quarter returns are due on or before January 31.

(2) Licensees that travel less than five thousand (5,000) miles during a single calendar year in jurisdictions other than the state of Missouri may qualify to file all four (4) quarterly International Fuel Tax Agreement (IFTA) returns at one (1) time.

The returns are due on or before January 31 of the following year.

(3) If any date for filing a quarterly return shall fall on a Saturday, Sunday or legal holiday, the deadline shall be the next day which is neither a Saturday, Sunday nor legal holiday.

(4) Every licensee shall file a separate return each calendar quarter for each fuel type indicated on the initial or renewal application, even if the licensee conducted no operations that quarter.

(5) Quarterly returns must be electronically filed through the commission’s secure MoDOT Carrier Express business application.

(6) The quarterly return shall cover the previous calendar quarter and shall be on forms prescribed by the commission.

(7) A valid signature on the initial or renewal application, or certification that the licensee agrees to comply with the requirements as specified in the International Fuel Tax Agreement (IFTA) when filing electronically, shall serve as the signature for all subsequent tax returns.

(8) Payment of all taxes, penalties, and interest, if applicable, due and owing to all IFTA member jurisdictions shall accompany the quarterly tax return. Any licensee may be required to make all payments by certified check or money order for good cause determined by the commission’s Motor Carrier Services Division (MCS) director or his/her designee.

(9) Quarterly returns, after calculating all taxes owed to jurisdictions operated in during the quarter by the licensee, that result in a credit to the licensee, may be refunded at the request of the licensee, or credit may be accumulated to use on subsequent quarterly returns not to exceed eight (8) calendar quarters. Refunds of accumulated credits shall only be issued on credits of ten dollars ($10) or more.

(10) Refunds to licensees will only be made when all tax liability, including audit assessments, have been satisfied to all applicable jurisdictions.

(11) A return not filed by the due date shall be considered as late and any taxes due delinquent. If the return is received on or before the due date, but rejected because the return is not sufficient for processing and the return is received a second or subsequent time after the due date, penalty and interest will be assessed.

(12) A licensee who files a late return or who fails to pay taxes due by the required due date shall be subject to a penalty of fifty dollars ($50) or ten percent (10%) of the tax due, whichever is greater even if no tax is due or the licensee is entitled to a refund or credit of any taxes paid. The licensee may request in writing that the late penalty be waived by the MCS director or his/her designee. The waiver may be granted for circumstances which the director or his/her designee deems appropriate.

(13) A licensee who fails to pay taxes due shall be assessed interest at the rate established by the Agreement. The interest due on taxes owing to other jurisdictions shall not be waived without prior written approval from such other jurisdictions.

(14) A licensee may be required by the commission to post a cash bond: a) to reinstate a suspended account; or b) when in the commission’s discretion, a bond is required to protect the interests of the IFTA member jurisdictions. The IFTA license can be suspended for non-filing of a quarterly tax return and/ or delinquent taxes, penalties, and/or interest. Licensees will be notified thirty (30) days after the required due date that their account is in jeopardy of being suspended. Failure to respond within thirty (30) days of the notification will result in a Notice of Suspension.

(15) To reinstate an IFTA license, all delinquent quarterly returns must be filed and all outstanding taxes, penalties, and/ or interest paid. Licensees with a tax liability of more than one hundred twenty-five dollars ($125) may be required to post a cash bond in the amount twice the average tax liability. The minimum bond amount to be posted will be three hundred dollars ($300). The MCS bond form must be completed in the exact name as the IFTA fleet, and must be signed and notarized. The MCS director or his/her designee may reduce the bond amount for other circumstances which the director or his/her designee deems appropriate.

(16) Licensees may request their bond to be refunded upon closing their IFTA fleet or if they have filed timely returns for the last three (3) years and all tax liabilities and assessments have been satisfied.

(17) Any contractor or subcontractor of the commission that at all times, while conducting business with the commission under such contract, be in good standing with the laws of commission, or shall obtain full compliance with such laws or rules within ten (10) days of being notified of noncompliance by MCS.

RSMo 2016.* This rule previously filed as 12 CSR 20-7.030. Original 25.072 and amended: Filed Aug. 9, 2007, effective Feb. 29, 2008.

7 CSR 10-25.073 Record Keeping Requirements {#sec-7-csr-10-25.073 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-25.073}

PURPOSE: This rule sets forth the records required to be kept by licensees under the International Fuel Tax Agreement.

(1) A licensee shall maintain sufficient records to substantiate any fuel tax return filed with the commission.

(2) A complete record of all fuel purchased, received, and used in its operations shall be maintained by each licensee for a period of not less than four (4) years from the date of the return to which the records are applicable. Fuel records at a minimum, shall contain, the following:

(A) Date of each receipt of fuel;

(B) Name and address of the person/entity from whom the fuel was purchased or received;

(C) Number of gallons/liters received and the price per gallon/liter;

(D) Type of fuel;

(E) Identity of vehicle or equipment into which the fuel was placed; and (F) Purchaser’s name.

(3) A licensee shall maintain individual distance records for each trip for each qualified motor vehicle in its fleet for a period of not less than four (4) years from the date of the return to which the records are applicable. Distance records at a minimum, shall contain, the following:

(A) Taxable distance;

(B) Nontaxable distance;

(C) Monthly and quarterly distance recaps for each jurisdiction in which the vehicle was operated;

(D) Taxable usage of fuel; and (E) Nontaxable usage of fuel.

(4) Documentation in support of the records in section (3) shall include, but not be limited to, the following:

(A) Date of trip (starting and ending);

(B) Trip origin and destination;

(C) Route of travel;

(D) Beginning and ending odometer or hubodometer reading of the trip;

(E) Total trip distance;

(F) Distance traveled in each jurisdiction;

(G) Unit number or vehicle identification number;

(H) Vehicle fleet number; and (I) Licensee’s name.

(5) Records required to be kept by this rule and the agreement may be kept on microfilm, microfiche, or other computerized or condensed record storage system.

(6) Failure to keep records in accordance with the rule and the Agreement may be cause for cancellation or revocation of the International Fuel Tax Agreement license. Refer to 7 CSR 10- 25.072(17) for the reinstatement requirements for a cancelled or revoked International Fuel Tax Agreement license.

(7) Failure to provide records for the purpose of audit extends the statute of limitations for filing any claim for recovery of motor fuel taxes until the records are provided. Successive failure to provide any records requested for audit relate back to the first demand for those records.

(8) Records required to be kept under this rule and the Agreement shall be available to the commission and any member jurisdiction upon request.

History

• AUTHORITY: sections 142.617, 226.008, and 301.275, RSMo 2016. This rule previously filed as 12 CSR 20-7.040. Original rule filed Nov. 1, 1991, effective March 9, 1992. Moved to 7 CSR 10-25.073 and amended: Filed Aug. 9, 2007, effective Feb. 29, 2008. Amended: amended 2014; and 301.275, RSMo 1958.

7 CSR 10-25.080 Investigation and Audits {#sec-7-csr-10-25.080 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-25.080}

PURPOSE: The Missouri Highways and Transportation Commission is authorized to require reports and perform audits and investigations of registrants and licensees to assist the commission in the performance of its duties.

(1) The commission may require reports from registrants/licensees as may be useful to assist the commission in performance of its duties. These reports shall furnish information as may be required by the International Registration Plan (IRP), which is incorporated herein by reference and made a part of this

rule as published by the International Registration Plan, Inc., 4196 Merchant Plaza, #225, Lake Ridge, VA 22192, effective January 1, 2022; and/or the International Fuel Tax Agreement (IFTA), which is incorporated herein by reference and made a part of this rule as published by the International Fuel Tax Association, Inc., PO Box 7147, Mesa, AZ 85216-7147, revised January 1, 2022; and/or the commission and shall cover certain periods and be made at the times the commission may direct.

This rule does not incorporate any subsequent amendments or additions to the Plan or Agreement. These reports shall be in the form prescribed by the commission and shall be signed under certification as to the accuracy of the information included in such report. The aforementioned signatory shall be a person authorized to make such report on behalf of the registrant/licensee, which shall include but not be limited to the president, vice-president, secretary, or other responsible officer or employee of a corporation or association or by a partner or a responsible employee of a partnership.

(2) The commission may investigate and/or audit any registrant/ licensee. Audits may be performed by the commission in other member jurisdictions or the commission may participate in joint audits with other member jurisdictions. The commission shall follow the audit standards and procedures established in the IFTA and IRP.

(3) Upon completion of any audit, the commission’s Motor Carrier Services Division (MCS) shall provide notice of the audit findings to the registrant/licensee and to all member jurisdictions in which the registrant/licensee was apportioned or in which it traveled. Should the registrant/licensee have underpaid or overpaid any member jurisdiction in which its vehicles were apportioned or in which it traveled, this amount shall be netted when computing the results of the audit for refund or billing from MCS.

(4) If any registrant/licensee shall file any false report or give false information called for, or refuse or delay to give information pertinent to the commission in performing its duties, the commission shall have power to revoke any or all reciprocity as to the registrant/licensee.

Moved to 7 CSR 10-25.080 and amended: Filed Aug. 9, 2007, effective July 1, 2008. Amended: Filed Oct. 14, 2016, effective July 30, 2017. Amended: Filed June 3, 2022, effective Jan. 30, 2023. *Original authority: 226.008, RSMo 2002, amended 2014; 226.130, RSMo 1939, amended 1993, 1995; and 301.275, RSMo 1958.

History

• AUTHORITY: sections 226.008, 226.130, and 301.275, RSMo 2016. This rule originally filed as 12 CSR 20-5.010. Original rule filed July 22, 1965, effective Aug. 1, 1965. Amended: Filed Oct. 28, 1974, effective Nov. 7, 1974. Amended: Filed Oct. 15, 1986, effective Jan. 30, 1987. Amended: Filed Sept. 8, 1989, effective Jan. 26, 1990.

7 CSR 10-25.090 Appeals {#sec-7-csr-10-25.090 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-25.090}

PURPOSE: This rule sets forth the procedures for appealing a determination of the Missouri Highways and Transportation Commission concerning the assessment of any tax, penalties, and/ or interest under the International Fuel Tax Agreement and under the International Registration Plan.

(1) A licensee/registrant may request an informal review of a decision of the commission regarding the assessment of any tax, penalties or interest under the Agreement or Plan or of any suspension, revocation, cancellation or denial of a license, except a decision resulting from an audit, within thirty (30) days of issuance of an initial determination.

(2) The informal review may be conducted in person, in writing, by video conference, or by telephone with Missouri Department of Transportation, Motor Carrier Services Division, personnel delegated such authority by the commission.

(3) In the event that the informal review is unable to resolve the dispute between the commission and the licensee/registrant, the initial determination shall become the final decision of the commission.

(4) Upon issuance of a final decision of the commission, a licensee/registrant may file, within thirty (30) days of the date of the decision or receipt, whichever is earlier, a written appeal of the decision with the Administrative Hearing Commission, PO Box 1557, Jefferson City, MO 65102-1557.

(5) A licensee/registrant shall renew his/her license/registration, if applicable, and shall continue to file all returns/applications not under appeal pending the determination of the Administrative Hearing Commission.

RSMo 2016.* This rule previously filed as 12 CSR 20-7.060. Original 25.090 and amended: Filed Aug. 9, 2007, effective Feb. 29, 2008.

Amended: Filed June 3, 2022, effective Jan. 30, 2023. *Original authority: 142.617, RSMo 1988, amended 1998; 226.008, RSMo 1988, amended 2002, 2014; 226.130, RSMo 1939, amended 1993, 1995; and 301.275, RSMo 1958.

Chapter 26 Arbitration and Mediation of Construction Disputes

7 CSR 10-26.010 Arbitration Method and Selection of Arbitrator in Arbitration Proceeding {#sec-7-csr-10-26.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-26.010}

PURPOSE: This rule provides for the selection of arbitrators in arbitration proceedings.

(1) Claims arbitrable under section 226.096, RSMo, that exceed twenty-five thousand dollars ($25,000) but do not exceed seventy-five thousand dollars ($75,000) shall by arbitrated by one (1) arbitrator using “Fast Track Procedures” available under said section 226.096, RSMo.

(2) Claims arbitrable under section 226.096, RSMo, that exceed seventy-five thousand dollars ($75,000) shall be arbitrated by one (1) arbitrator using “Regular Track Procedures” available under said section 226.096, RSMo.

The monetary cap on claims eligible for arbitration established and required to be annually adjusted pursuant to section 226.096, RSMo, shall be published by an In Addition notice in the Missouri Register.

(3) The arbitrator shall be selected according to the procedures provided by the American Arbitration Association’s Construction Industry Arbitration Rules and Mediation Procedures, except as otherwise provided in this

rule.

(A) Arbitrators shall be registered professional engineers for at least fifteen (15) years or shall be a construction industry professional with a minimum of fifteen (15) years experience in construction.

(B) After filing of the submission or the answering statement or the expiration of the time within which the answering statement is to be filed, the American Arbitration Association shall send each party in the dispute an identical copy of a specially prepared list of proposed arbitrators to resolve the controversy.

(C) The parties will be allowed fifteen (15) days to examine the list, strike names to which they object, number the remaining names in the order of preference, and return the list to the American Arbitration Association.

(D) The lists will be returned to the American Arbitration Association by the two (2) parties. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the American Arbitration Association shall invite the acceptance of an arbitrator to serve. If the parties fail to agree on any of the persons named, or if acceptable arbitrators are unable to act, or if for any other reason the appointment cannot be made from the submitted lists, the American Arbitration Association shall have the power to make the appointment from among other members of the National Roster without the submission of additional lists. In no case shall an arbitrator be appointed who was struck from the original lists by either party.

(E) Arbitrators appointed by American Arbitration Association under this provision will meet the qualifications of subsection (3)(A).

Amended: Filed Jan. 12, 2006, effective Aug. 30, 2006. Amended: Filed Dec. 8, 2016, effective July 30, 2017. *Original authority: 226.096, RSMo 2003; 226.130, RSMo 1939, amended 1993, 1995; and 536.016, RSMo 1997, amended 1999, 2014.

History

• AUTHORITY: sections 226.096, 226.130, and 536.016, RSMo 2016. Original rule filed Nov. 5, 2003, effective June 30, 2004.

7 CSR 10-26.020 Mediation {#sec-7-csr-10-26.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-26.020}

PURPOSE: This rule provides for a mediation process to settle contract disputes.

(1) Any claim, whether or not it is arbitrable under section 226.096, RSMo, may be mediated by any method agreed to by the parties, if both parties agree, provided such claim shall follow the claims (process or procedures) established in section 226.096, RSMo.

Amended: Filed Jan. 12, 2006, effective Aug. 30, 2006. Amended: Filed Dec. 8, 2016, effective July 30, 2017. *Original authority: 226.096, RSMo 2003; 226.130, RSMo 1939, amended 1993, 1995 and 536.016, RSMo 1997, amended 1999, 2014.

JOHNR. ASHCROFT(6/30/17)

History

• AUTHORITY: sections 226.096, 226.130, and 536.016, RSMo 2016. Original rule filed Nov. 5, 2003, effective June 30, 2004.

Chapter 27 David's Law Signing

7 CSR 10-27.010 Definitions {#sec-7-csr-10-27.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-27.010}

PURPOSE: This rule provides definitions of terms applicable to David’s Law authorizing drunk driving victim memorial signs.

(1) Applicant—The person requesting the installation of a drunk driving victim memorial sign and who must be an immediate family member of the victim or have written consent from an immediate family member to submit the application on his/her behalf.

(2) Application—The document developed and posted on the department’s website for the sole purpose of gathering information from the applicant requesting a drunk driving victim memorial sign to determine if the request qualifies for a drunk driving victim memorial sign.

(3) Commission—The Missouri Highway and Transportation Commission.

(4) Department—The Missouri Department of Transportation.

(5) Immediate family member—A spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather.

(6) Intoxicated—The person who was shown to have been operating a motor vehicle at the time of a motor vehicle accident and was either: 1) in violation of section 577.012 or 577.010, RSMo; or 2) was committing an intoxication-related traffic offense, as that term is defined in section 577.023.1(3), RSMo; or 3) less than twenty-one (21) years of age and determined to be operating a motor vehicle with two-hundredths of onepercent or more blood alcohol content; or 4) determined to be operating a commercial motor vehicle and either driving under the influence of alcohol or driving under the influence of a controlled substance, as these terms are defined in section 302.700, RSMo.

(7) MSHP—The Missouri State Highway Patrol.

(8) Sign—The drunk driving victim memorial sign.

(9) State highway—A route that is designated as an Interstate, US highway, Missouri numbered or Missouri lettered route, or any other roadway that is owned or maintained by the Missouri Highways and Transportation Commission.

History

• AUTHORITY: section 227.295, RSMo Supp. 2009. Original rule filed Sept. 3, 2009, effective April 30, 2010.

7 CSR 10-27.020 Eligibility {#sec-7-csr-10-27.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-27.020}

PURPOSE: This rule provides eligibility requirements to obtain a drunk driving victim memorial sign under David’s Law.

(1) A sign may only be installed in memory of an individual who died in Missouri as a result of a motor vehicle accident caused by a person who was shown to have been operating a motor vehicle while intoxicated.

(2) Intoxicated individuals killed while operating a motor vehicle are not eligible for this program.

(3) Only one (1) sign may be requested and installed for each drunk driving victim.

History

• AUTHORITY: section 227.295, RSMo 2016. Original rule filed Sept. 3, 2009, effective April 30, 2010. Amended: Filed Oct. 6, 2017, effective May 30, 2018.

7 CSR 10-27.030 Sign Design and Installation {#sec-7-csr-10-27.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-27.030}

PURPOSE: This rule provides the design and installation requirements for drunk driving victim memorial signs under David’s Law.

(1) A sign shall only be installed on Missouri state highways.

(2) Only the commission has the authority to install drunk driving victim memorial signs on state highways. No other adornment, landscaping, or modification of the sign or ground around the sign shall be permitted.

(3) The sign will be installed as close as possible to the location where the crash occurred, on the right side of the roadway, in the direction of travel on that roadway where the accident occurred.

(4) The placement of the sign shall not interfere with other signs, traffic control devices, or other safety devices.

(5) The sign will be installed with the sign face parallel to the lanes of the roadway in a location that will not increase the difficulty in maintaining the right of way, typically placed at the edge of the mowing boundary.

(6) The sign design will consist of a blue background with white legend. The sign will contain the following legend without variation:

(A) “DRUNK DRIVING VICTIM”;

(B) First, middle, and last initials of the victim’s name;

(C) Numbers representing the month and year the victim died; and (D) “THINK ABOUT IT.”

(7) Any given sign will only contain information for one (1) victim; however, multiple signs may be installed on a given sign post at the discretion of the commission.

(8) The overall sign dimensions will be thirty inches wide by eighteen inches tall (30" × 18").

History

• AUTHORITY: section 227.295, RSMo Supp. 2009. Original rule filed Sept. 3, 2009, effective April 30, 2010.

7 CSR 10-27.040 Administration {#sec-7-csr-10-27.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 10-27.040}

PURPOSE: This rule provides the procedure to administer David’s Law authorizing drunk driving memorial signs.

(1) The commission will develop an application that will capture the information needed from the applicant to determine eligibility for a sign under 7 CSR 10-27.010–7 CSR 10- 27.040. The commission will make the application readily available to the public in an easily accessible location, such as the commission’s Internet site.

(2) Applicants must complete and submit an application to the commission. The information necessary for an application to be accepted includes:

(A) Name and contact information of the applicant;

(B) The name of the victim;

(C) Location of the crash— 1. County;

2. Route; and 3. Direction;

(D) Mile marker or distance from another JOHNR. ASHCROFT(4/30/18) state route;

(E) Date of the crash; and (F) Name of at least one (1) of the vehicle operators involved in the crash.

(3)

The commission is responsible for reviewing all applications. The commission will use the information in the application as well as the other documentation specified by this rule to determine if the application can be approved. The commission reserves the right to request additional information from the applicant if the circumstances of the crash are not clear.

(4) The applicant will also be responsible for providing the official accident report for the crash. If there is no accident report, or if the report does not include details on intoxication, additional documentation must also be provided that clearly indicates the intoxication of the driver and verifies that the victim was not intoxicated. Such additional documentation may include, but is not limited to, medical records of the intoxicated driver, autopsy report, a coroner report, or any other document.

(5) The applicant is also responsible for submitting the fee for the sign along with the application, made payable to Department of Revenue—Credit State Road Fund. If the application is not approved, the entire fee will be returned to the applicant.

(6) Each sign will remain in place for a period of ten (10) years during which time the commission will maintain the sign in the event of damage or theft. At the end of the ten- (10-) year period, the sign will be removed unless renewed as provided in this rule.

(7) If applicants wish to keep the sign in place for an additional ten (10) years, the applicant is responsible for notifying the commission one (1) year in advance of the expiration of the ten- (10-) year period and for remitting to the commission a renewal fee for the subsequent ten- (10-) year period.

(8) Once signs are removed, they will remain the property of the commission and the sign blanks will be reused to make new signs.

(9) The fee for the sign represents the commission’s cost to administer the program and manufacture, install, and maintain the sign for a period of ten (10) years. This cost, as well as the ten- (10-) year renewal fee, will be based on the commission’s operating costs for the year in which the original request or renewal request is received by the commission.

(10) All commission determinations under this rule, including, but not limited to, approval or disapproval of applications, the amount of the sign fee, and all other determinations are final and not subject to appeal.

4CODE OF STATE REGULATIONS

(4/30/18) JOHNR. ASHCROFT

History

• AUTHORITY: section 227.295, RSMo 2016. Original rule filed Sept. 3, 2009, effective April 30, 2010. Amended: Filed Oct. 6, 2017, effective May 30, 2018.

Division 60 Highway Safety and Traffic Division

Chapter 1 Motorcycle Safety Education Program

7 CSR 60-1.010 Definitions {#sec-7-csr-60-1.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 60-1.010}

PURPOSE: This rule defines terms used in the rules which pertain to the administration and operations of the Motorcycle Safety Education Program.

(1)

Commission—Missouri Highways and Transportation Commission created by article IV, section 29, of the Missouri Constitution, which oversees the Missouri Department of Transportation.

(2) Department—Missouri Department of Transportation.

(3) Division—Highway Safety and Traffic Division. A division within the department responsible for administering motorcycle rider training and safety program according to

7 CSR 60-1.010 through 7 CSR 60-1.040. A designee under contract with the commission and selected by the division may administer the program on the division’s behalf. {#sec-7-csr-60-1.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 60-1.010}

(4) Entry-level course—A course of instruction in motorcycle operation designed to meet the training requirement to obtain a Class M driver’s license or endorsement issued by the Missouri Department of Revenue.

(5) Instructor—An individual approved by the division to teach motorcycle operator training courses in Missouri.

(6) Minor—Any person aged fifteen and one-half (15 1/2) years (calculated as 15 years and 182 days) the first day of the course but less than eighteen (18) years old when the course is completed.

(7) Motorcycle rider training program—A training and safety program which provides knowledge, skills, and safety relating to the operation of motorcycles to all motorcyclists in this state. This program also provides public information regarding motorcycle safety including sharing the roadway with motorcycles.

(8) Motorcycle training school—An approved public or private entity contracted by the commission to provide motorcycle rider training on a regular basis. A motorcycle training school is not an agent, servant, or employee of the commission, department, or the state of Missouri.

(9)

Non-license-waiver course—A course of instruction in motorcycle operation for experienced motorcyclists that is not an entry-level course.

(10) Range—The area of a training site where on-cycle training is conducted.

(11) Quality Assurance—A process to ensure compliance with state program requirements as set forth in 7 CSR 60-1.020 and promote continuous improvement of the program. as 11 CSR 60-1.010. Original rule filed March 20, 1996, effective Sept. 30, 1996. Amended: Filed Nov. 15, 2001, effective June 30, 2002. Moved to 7 CSR 60-1.010, effective Aug. 28, 2003. Amended:

Filed Oct. 17, 2016, effective July 30, 2017. Rescinded and readopted:

Filed Sept. 9, 2022, effective April 30, 2023.

7 CSR 60-1.020 Motorcycle Training School {#sec-7-csr-60-1.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 60-1.020}

PURPOSE: This rule sets forth the standards for an approved motorcycle training school.

(1) Motorcycle Training School—Eligibility. An entity seeking approval as an approved motorcycle training school shall— (A) Submit a completed application on the form prescribed by the division;

(B) Provide a list of all individuals employed by the entity and participating in motorcycle training program. Individuals employed by the entity and participating in motorcycle training program must consent to a name search conducted using the Missouri Automated Criminal History System, the cost of which is to be borne by the entity;

(C) Provide a list of all real property that will be used to meet the training site requirements and proof that the entity owns, or possesses written authorization by the owner to use, such real property;

(D) Provide a list of motorcycles, if any, that will be available for student use, including the year, make, model, and vehicle identification number (VIN) of each motorcycle;

(E) Provide a list of the division-approved courses the entity intends to offer and proof of ownership of, or authority to offer, each course; and (F) Provide a list of instructors employed by, or contracted with, the entity.

(2) Training Site Requirements. A motorcycle training school must have a training site that includes— (A) A range that— 1. Features a paved surface, including asphalt, concrete, or another all-weather surface of suitable traction in good condition;

2. Is large enough to safely accommodate all courses conducted by the motorcycle school;

3. Is free of vehicular and pedestrian traffic; and 4. Is free of surface hazards and obstacles;

(B) A first aid kit and at least one (1) five- (5-) pound Class ABC fire extinguisher for use at the range;

(C) A classroom that— 1. Is not located in a private residence;

2. Is large enough to accommodate one (1) seat per student and instructor(s);

3. Has a seat and writing surface for each student; and 4. Has audiovisual presentation equipment;

(D) A minimum of one (1) training motorcycle available for each student participating in the range session of the course that is— 1. Sufficiently maintained to be in safe operating condition; and 2. Intended by the manufacturer for street use; and (E) A secure storage area to physically and environmentally protect training motorcycles and other course equipment.

(3) Quality Assurance Visits. At least one (1) quality assurance visit (QAV) will be conducted at each of the motorcycle training schools each calendar year by the division. During the QAV, the division will ensure compliance with the Motorcycle Safety Education Program requirements set forth in 7 CSR 60-1.010 TRANSPORTATION TRAFFIC DIVISION through 7 CSR 60-1.040.

(4) School Suspension—Notice and Hearing Requirements.

If the division intends to deny an entity’s application for approval as a motorcycle training school or suspend or revoke a previously approved motorcycle training school, notice and opportunity for a hearing must be given as provided by the Missouri Administrative Procedures Act as set forth in Chapter 536, RSMo. Any hearing or administrative or judicial review shall be a contested case. The term of any suspension must not exceed one (1) year and may be reduced by the division if the motorcycle training school has corrected the grounds for suspension. as 11 CSR 60-1.020. Original rule filed March 20, 1996, effective Sept. 30, 1996. Moved to 7 CSR 60-1.020, effective Aug. 28, 2003.

Amended: Filed Oct. 17, 2016, effective July 30, 2017. Rescinded and readopted: Filed Sept. 9, 2022, effective April 30, 2023.

7 CSR 60-1.030 Motorcycle Training School Instructor {#sec-7-csr-60-1.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 60-1.030}

PURPOSE: This rule sets forth the standards for an approved motorcycle training school instructor.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that 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) Instructor Eligibility. To be eligible for approval as an instructor, an applicant must— (A) Be at least eighteen (18) years old;

(B) Submit a completed application on the form prescribed by the division;

(C) Not have been convicted during the preceding three (3) years of three (3) or more moving violations as defined in

section 302.010, RSMo, including violations that resulted in a crash;

(D) The applicant must consent to a name search conducted using the Missouri Automated Criminal History System, the cost of which is to be borne by the applicant, or provide the results of a substantially similar search conducted by another state no more than thirty (30) days prior to the application;

(E) Possess a valid motor vehicle driver license with a motorcycle endorsement or the equivalent issued by another state;

(F) Not have been convicted during the preceding three (3) years of the offense of driving while intoxicated (DWI), in violation of section 577.010, RSMo; and (G) The above requirements outlined in section (1) also apply to out-of-state instructor applicants.

(2) Motorcycle Rider Training Program Requirements. An approved Motorcycle Rider Training Program will include— (A) Division-approved course curriculum;

(B) A student-to-instructor ratio for range instruction that does not exceed the ratio specified by the approved curriculum; and (C) A separate motorcycle available for each student for twowheeled motorcycle courses. No more than two (2) students may share a motorcycle for three- (3-) wheeled motorcycle courses.

(3) Curriculum Standards—Entry-Level Course. The curriculum for an entry-level course will— (A) Be determined by the division to meet the Model National Standards for Entry-Level Motorcycle Rider Training. The Model National Standards for Entry-Level Motorcycle Rider Training is incorporated herein by reference and made a part of this

rule as published January 2021 and distributed by the U.S.

Department of Transportation, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. This rule does not incorporate any subsequent amendments or additions to this publication;

(B) Include a written examination to ensure students comprehend key concepts as identified in the approved curriculum; and (C) Include a riding skills test to ensure students can perform the riding skills taught in the course according to the approved curriculum.

(4) Curriculum Standards—Non-License-Waiver Course. The curriculum for a course of instruction in motorcycle operation for a non-license-waiver course must include, at a minimum, the Model National Standards for Entry-Level Motorcycle Training.

(5) Instructor Suspension—Notice and Hearing Requirements.

If the division intends to deny an applicant’s approval as a motorcycle training school instructor or suspend or revoke a previously approved instructor application, notice and opportunity for a hearing must be given as provided by the Missouri Administrative Procedures Act as set forth in Chapter 536, RSMo. Any hearing or administrative or judicial review shall be a contested case. The term of any suspension must not exceed one (1) year and may be reduced by the division if the motorcycle training school has corrected the grounds for suspension. as 11 CSR 60-1.030. Original rule filed March 20, 1996, effective Sept. 30, 1996. Moved to 7 CSR 60-1.030, effective Aug. 28, 2003.

Amended: Filed Oct. 17, 2016, effective July 30, 2017. Rescinded and readopted: Filed Sept. 9, 2022, effective April 30, 2023.

7 CSR 60-1.040 Student Admission Requirements {#sec-7-csr-60-1.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 60-1.040}

PURPOSE: This rule sets forth the standards for student admission into the motorcycle training school.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that 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) Student Requirements.

(A) Motorcycle entry-level training courses are open to any (3/31/23) John R. Ashcroft TRAFFIC DIVISION TRANSPORTATION person who is at least fifteen and one-half (15 1/2) years old on the day the course begins. The student must provide proof of identification in the form of a state-issued driver license, graduated driver license (GDL), driving instructional permit, or identification in order to obtain a license testing waiver.

(B) A prospective student younger than eighteen (18) years of age seeking admission to an authorized motorcycle training school must provide the motorcycle training school with a letter or form consenting to the student’s participation as a student in the course and to receive medical treatment for any injury that may occur at the motorcycle training school executed by the student’s parent or legal guardian.

(C) Prior to admitting an individual to an entry-level course, a motorcycle training school must inform the individual that— 1. A student whose riding performance creates an unmanageable danger on the range, as determined in the sole discretion of the instructor, will be removed from the course and is not entitled to additional attempts to successfully complete the riding skills test; and 2. Experienced rider courses are restricted to individuals with a current motorcycle Class M driver license or motorcycle endorsement. Each student must provide his/her own motorcycle that meets the requirements of subsections (3)(A)– (E) of this rule, below.

(2) Verification of Course Completion.

(A) A motorcycle training school must issue a divisionapproved course completion certificate to students who successfully complete an entry-level course. The certificate must be signed by an instructor who taught the course or a designated representative of the motorcycle training school.

(B) A motorcycle school must issue a division-approved course completion certificate that is restricted to the operation of a three- (3-) wheeled motorcycle if the student-completed entry-level course is specific to the operation of a three- (3-) wheeled motorcycle.

(C) The division may issue a duplicate course completion certificate to a student to replace a lost certificate for up to three (3) calendar years from the date the course was completed. The duplicate certificate must bear the same certificate number and course completion date as the original certificate.

(D) A course completion certificate for an entry-level course may only be issued to a student who has successfully completed a written examination and riding skills test required by the approved course curriculum.

(3) Motorcycle Requirements.

(A) The lead course instructor must reject a motorcycle for use if it fails to meet the requirements of this section or if the motorcycle is unsafe for the rider, an instructor, another student, or any other person permitted in the training site as determined by the instructor in his/her sole discretion. A motorcycle may be deemed unsafe because of, but not limited to, modification, damage, lack of maintenance, nonstandard configuration, or any other substantial safety concern as determined by the instructor in his/her sole discretion.

(B) Any student-owned motorcycle used in training must— 1. Meet all the requirements for operation on public highways;

2. Have proof of minimum liability insurance, as required by section 303.190, RSMo, available for inspection by the lead course instructor;

3. Be intended by the manufacturer for street use; and 4. Meet all other requirements of this rule.

(C) A student may use a borrowed motorcycle if the student presents written permission from the motorcycle owner permitting the student to use the motorcycle to participate in the motorcycle training course and if the motorcycle meets all other requirements of this rule.

(D) A motorcycle with an engine displacement of over five hundred (500) cubic centimeters (cc)— 1. May not be used in the entry level course; and 2. May be used in the advanced course only if it meets all other requirements of this rule.

(E) No motorcycle training school may provide a motorcycle for student use in a non-license-waiver course. If a motorcycle training school provides a motorcycle for student use in the entry-level course, the motorcycle must— 1. Meet the safety requirements of subsection (3)(A) of this

rule;

2. Not be prohibited by subsection (3)(D) of this rule;

3. Be inspected and insured; and 4. Be intended by the manufacturer for street use. as 11 CSR 60-1.040. Original rule filed March 20, 1996, effective Sept. 30, 1996. Amended: Filed Nov. 15, 2001, effective June 30, 2002. Moved to 7 CSR 60-1.040, effective Aug. 28, 2003. Rescinded and readopted: Filed Sept. 9, 2022, effective April 30, 2023.

7 CSR 60-1.050 Verification of Course Completion {#sec-7-csr-60-1.050 omnilex-key=us-mo-regs-official--title-7--7 CSR 60-1.050}

Filed Oct. 17, 2016, effective July 30, 2017. Rescinded: Filed Sept. 9, 2022, effective April 30, 2023.

History

• AUTHORITY: section 302.134, RSMo 2016. This rule originally filed as 11 CSR 60-1.050. Original rule filed March 20, 1996, effective Sept. 30, 1996. Amended: Filed Nov. 15, 2001, effective June 30, 2002. Moved to 7 CSR 60-1.050, effective Aug. 28, 2003. Amended:

7 CSR 60-1.060 Approved Motorcycle Training Courses {#sec-7-csr-60-1.060 omnilex-key=us-mo-regs-official--title-7--7 CSR 60-1.060}

Filed Oct. 17, 2016, effective July 30, 2017. Rescinded: Filed Sept. 9, 2022, effective April 30, 2023.

History

• AUTHORITY: section 302.134, RSMo 2016. This rule originally filed as 11 CSR 60-1.060. Original rule filed March 20, 1996, effective Sept. 30, 1996. Amended: Filed Nov. 15, 2001, effective June 30, 2002. Moved to 7 CSR 60-1.060, effective Aug. 28, 2003. Amended:

7 CSR 60-1.070 Motorcycle Requirements {#sec-7-csr-60-1.070 omnilex-key=us-mo-regs-official--title-7--7 CSR 60-1.070}

Rescinded: Filed Sept. 9, 2022, effective April 30, 2023.

History

• AUTHORITY: section 302.134, RSMo Supp. 1999. This rule originally filed as 11 CSR 60-1.070. Original rule filed March 20, 1996, effective Sept. 30, 1996. Amended: Filed Nov. 22, 1999, effective May 30, 2000. Moved to 7 CSR 60-1.070, effective Aug. 28, 2003.

7 CSR 60-1.080 Notice and Hearing Requirements filed as 11 CSR 60-1.080. Original rule filed March 20, 1996, effective Sept. 30, 1996. Moved to 7 CSR 60-1.080, effective Aug. 28, 2003. Rescinded: Filed Sept. 9, 2022, effective April 30, 2023. {#sec-7-csr-60-1.080 omnilex-key=us-mo-regs-official--title-7--7 CSR 60-1.080}

TRANSPORTATION TRAFFIC DIVISION

7 CSR 60-1.090 Sponsor Suspension filed as 11 CSR 60-1.090. Original rule filed March 20, 1996, effective Sept. 30, 1996. Moved to 7 CSR 60-1.090, effective Aug. 28, 2003. Rescinded: Filed Sept. 9, 2022, effective April 30, 2023. {#sec-7-csr-60-1.090 omnilex-key=us-mo-regs-official--title-7--7 CSR 60-1.090}

7 CSR 60-1.100 Quality Assurance Visits {#sec-7-csr-60-1.100 omnilex-key=us-mo-regs-official--title-7--7 CSR 60-1.100}

Filed Sept. 9, 2022, effective April 30, 2023.

History

• AUTHORITY: section 302.134, RSMo 2000. This rule originally filed as 11 CSR 60-1.100. Original rule filed March 20, 1996, effective Sept. 30, 1996. Amended: Filed Nov. 15, 2001, effective June 30, 2002. Moved to 7 CSR 60-1.100, effective Aug. 28, 2003. Rescinded:

7 CSR 60-1.110 Sponsor Pre-Suspension Notification filed as 11 CSR 60-1.110. Original rule filed March 20, 1996, effective Sept. 30, 1996. Moved to 7 CSR 60-1.110, effective Aug. 28, 2003. {#sec-7-csr-60-1.110 omnilex-key=us-mo-regs-official--title-7--7 CSR 60-1.110}

Rescinded: Filed Sept. 9, 2022, effective April 30, 2023.

Chapter 2 Breath Alcohol Ignition Interlock Device Certification and Operational Requirements

7 CSR 60-2.010 Definitions {#sec-7-csr-60-2.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 60-2.010}

PURPOSE: This rule defines the terms used in the breath alcohol ignition interlock device certification and operational requirements.

(1) Definitions.

(A) The following words and terms as used in 7 CSR 60-2.010 through 7 CSR 60-2.060 have the following meaning:

1. Alcohol retest setpoint—The breath alcohol concentration at which the ignition interlock device is set for the running retest;

2. Alcohol setpoint—The breath alcohol concentration at which the ignition interlock device prevents the vehicle from starting;

3. Alveolar air—Deep lung air or alveolar breath, which is the last portion of a prolonged, uninterrupted exhalation;

4. Authorized service provider (ASP)—The entity designated by the manufacturer to provide services to include but not be limited to installation, monitoring, maintenance, and removal of the breath alcohol ignition interlock device;

5. Bogus breath sample—Any sample other than an unaltered, undiluted, and unfiltered alveolar air sample from a driver;

6. Breath alcohol concentration (BrAC)—The amount of alcohol in a given amount of breath, expressed in weight per volume (% weight/volume) based on grams of alcohol per two hundred ten (210) liters of breath;

7. Breath alcohol ignition interlock device (BAIID)—A breath testing device, including all parts necessary for operation, e.g., handset and camera, installed in a vehicle that prevents it from operating if breath test results show a BrAC that meets or exceeds the alcohol setpoint. The device also requires the driver to continue to pass repeated breath tests while the vehicle is running to ensure that the driver remains below the alcohol setpoint. However, the interlock device will not interfere with the normal operation of the vehicle while it is in use;

8. Breath—Expired human breath containing primarily alveolar air;

9. Calibration—The process which ensures an accurate alcohol concentration reading on a device;

10. Camera—A feature of the device that incorporates photo identification or digital images of the person who is providing the breath test;

11. Circumvention—To bypass the correct operation of a BAIID by starting the vehicle by any means without first providing a breath test;

12. Commission—The Missouri Highways and Transportation Commission created by article IV, section 29, Constitution of Missouri;

13. Department—The Missouri Department of Transportation created by article IV, section 29, Constitution of Missouri;

14. Designated monitoring period—The period of time indicated by the Department of Revenue for required monitoring of the driver’s ignition interlock use by the manufacturer;

15. Device—Breath alcohol ignition interlock device;

16. Division—The Highway Safety and Traffic Division under the department that is delegated the authority to administer the provisions of 7 CSR 60-2.010 through 7 CSR 60- 2.060;

17. Download—The transfer of information from the interlock device’s memory onto disk or other electronic or digital transfer protocol;

18. Emergency service—Unforeseen circumstances in the use and/or operation of a breath alcohol ignition interlock device, not covered by training or otherwise documented, which requires immediate action;

19. Filtered breath sample—A breath sample which has been filtered through a substance in an attempt to remove alcohol from the sample;

20. Global positioning system (GPS)—A feature of the device that will log the location (longitude and latitude), date, and time of each breath sample including any refusal, any circumvention attempt, and any attempt to tamper with the ignition interlock device;

21. Initial breath test—A breath test required to start a vehicle to ensure that the driver’s BrAC is below the alcohol setpoint;

22. Installation—Mechanical placement and electrical connection of a breath alcohol ignition interlock device in a vehicle by a technician;

23. ISO—International Organization for Standardization;

24. Lockout—A condition of the device which prevents a vehicle’s engine from starting unless it is serviced or recalibrated;

25. Manufacturer—A person or company responsible for the design, construction, and/or production of a BAIID;

26. Mechanical override code—Method of overriding the breath sample requirement during the mechanical servicing of a vehicle by a mechanic utilizing a unique code provided by the manufacturer;

27. Mobile service—A portable operation of an authorized service provider, whether contained within a vehicle or temporarily erected on location, which includes all personnel and equipment necessary to conduct ignition interlock device related business and services, separately and simultaneously with its parent fixed location service centers. The mobile service center shall comply with all of the requirements provided for an authorized service provider herein;

28. Operator—Any person who operates a vehicle that has a court-ordered or Department of Revenue-required breath alcohol ignition interlock device installed;

29. Override lockout code—Method of overriding a lockout condition by providing a unique code;

30. Permanent lockout—A condition in which the device will not accept a breath test until serviced by an ASP;

31. Pure breath sample—Expired human breath containing primarily alveolar air and having a breath alcohol concentration below the alcohol setpoint of twenty-five thousandths (.025);

32. Real-time reporting—The near real-time transmission of ignition interlock data between the manufacturer’s server and the operator’s ignition interlock while the device is in use;

33. Refusal—The failure of a driver to provide a breath sample and complete the breath test when prompted by the device;

34. Relative within second degree of consanguinity or affinity—A spouse or domestic partner, parent, step-parent, child, step-child, grandparent, step-grandparent, grandchild, step-grandchild, brother, step-brother, sister, step-sister, mother-in-law, father-in-law, grandparent-in-law, grandchildin-law, brother-in-law, or sister-in-law;

35. Retest—Two (2) additional chances to provide a breath sample below the alcohol setpoint when the first sample failed; or three (3) chances to provide a breath alcohol sample below the alcohol setpoint on the running retest;

36. Running retest—A subsequent breath test that must be conducted within five (5) minutes after starting the vehicle and randomly during each subsequent thirty- (30-) minute time period thereafter while the vehicle is in operation;

37. Service lockout—A condition of the breath alcohol ignition interlock device that occurs when the operator fails to have the device serviced during a certain period of time and results in a permanent lockout condition;

38. Start or starting—To manipulate a vehicle’s inputs or systems or to activate a motor, thereby initiating the transition of a stationary vehicle into motor-powered, driver-controlled motion;

39. Tampering—An overt, purposeful attempt to physically alter or disable an ignition interlock device, or disconnect it from its power source, or remove, alter, or deface physical antitampering measures, so a driver can start the vehicle without taking and passing an initial breath test and/or blocking, moving, or disabling the camera, if required;

40. Technician—A person trained by the authorized service provider to possess the skills necessary to install, service, calibrate, and/or remove ignition interlock devices;

41. Temporary lockout—A condition in which the device will not allow the vehicle to start for fifteen (15) minutes after two (2) failed attempts to blow a pure breath sample within a ten- (10-) minute period; and 42. Violations reset—A feature of a device in which a service reminder is activated due to one (1) of the following reasons:

A. Two (2) fifteen- (15-) minute temporary lockouts within a thirty- (30-) day period;

B. Any three (3) running retest refusals within a thirty- (30-) day period;

C. Any three (3) breath samples, after startup, at or above the alcohol setpoint within a thirty- (30-) day period;

D. Any attempts to circumvent or tamper with a device; or E. When a device is not serviced on its service date.

Filed May 7, 2009, effective Dec. 30, 2009. Emergency amendment filed April 8, 2010, effective April 18, 2010, expired Nov. 30, 2010.

Amended: Filed April 8, 2010, effective Nov. 30, 2010. Emergency amendment filed Sept. 12, 2013, effective Oct. 1, 2013, expired March 29, 2014. Amended: Filed Sept. 12, 2013, effective March 30, 2014. Amended: Filed March 9, 2018, effective Oct. 30, 2018.

Amended: Filed May 6, 2022, effective Dec. 30, 2022. Amended:

Filed Jan. 5, 2024, effective Aug. 30, 2024. Emergency amendment filled Dec. 6, 2024, effective Jan. 1, 2025, expired June 29, 2025.

Amended: Filed Dec. 6, 2024, effective June 30, 2025. amended 1951, 1961, 1982, 1983, 1984, 1987, 1989, 1991, 1996, 1999, 2005, 2008, 2009, 2012, 2013, 2014, 2015, 2018; 302.304, RSMo 1961, amended 1972, 1973, 1979, 1983, 1984, 1989, 1991, 1996, 1999, 2001, 2002, 2003, 2008, 2012, 2013, 2014, 2015; 302.309, RSMo 1961, amended 1965, 1967, 1977, 1978, 1983, 1984, 1987, 1989, 1990, 1991, 1993, Revised Statutes of Missouri, 2016 and Supp. 2024; 302.525, RSMo 1983, amended 1984, 1991, 2002, 2008, 2012, 2013, 2015; and 577.041, RSMo 1982, amended 1987, 1991, 1993, 1996, 1998, 2001, 2002, 2003, 2005, 2008, 2010, 2013, 2014.

History

• AUTHORITY: sections 226.130, 302.304, 302.309, 302.525, and 577.041, RSMo 2016, section 302.060, RSMo Supp. 2024, and sections 302.440–302.462, RSMo 2016 and Supp. 2024. This rule originally filed as 11 CSR 60-2.010. Emergency rule filed Feb. 5, 1996, effective Feb. 15, 1996, expired Aug. 12, 1996. Original rule filed Feb. 16, 1996, effective Aug. 30, 1996. Moved to 7 CSR 60- 2.010, effective Aug. 28, 2003. Emergency amendment filed May 7, 2009, effective July 1, 2009, expired Dec. 30, 2009. Amended:

7 CSR 60-2.020 Approval Procedure {#sec-7-csr-60-2.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 60-2.020}

PURPOSE: This rule is being proposed to make it more concise and to bring it in line with current practices at both the federal and state levels. This rule outlines the necessary steps for manufacturers to get their interlock devices approved and certified in the state of Missouri.

(1) The manufacturer shall submit the following information.

(A) Submit a letter on the manufacturer’s letterhead requesting approval of the breath alcohol ignition interlock device. If the manufacturer’s letterhead is not used, then provide the name and business address of the company. The letter should be signed by an authorized representative of the company. In the letter— 1. Identify the name and model number of the device;

2. Provide the applicant’s toll-free customer service/ question/complaint hot-line number; and 3. Certify that the device— A. Is programmed according to the standards and specifications found in 7 CSR 60-2.030 and capable of meeting the requirements found in 7 CSR 60-2.040 and 7 CSR 60-2.050;

B. Does not impede the safe operation of the vehicle;

C. Minimizes opportunities to circumvent the device;

D. Prevents an operator from starting a vehicle when the operator has a breath alcohol concentration which meets or exceeds the alcohol set point; and E. Is not the subject of any action to disallow and has never been disallowed for use in another state. If the applicant cannot certify as directed in this subparagraph, then identify the state(s) where the device has been disallowed or an action is pending.

(B) Submit a complete and certified copy of laboratory testing results from an independent laboratory that is ISO 17025 certified and properly equipped and staffed to conduct testing on breath alcohol ignition interlock devices, which indicates that the device meets or exceeds the standards established by the United States Department of Transportation, National Highway Traffic Safety Administration, identified as “Model Specifications for Breath Alcohol Ignition Interlock Devices” 78 FR 26849-26867 as published in the Federal Register on May 8, 2013 by the National Highway Traffic Safety Administration, 1200 New Jersey SE, Washington, DC 20590 and effective March 8, 2014, and 80 FR 16720-16723 as published in the Federal Register on March 30, 2015 and effective March 30, 2015, which are hereby incorporated by reference and made a part of this

rule. This paragraph does not incorporate any subsequent amendments or additions to this publication.

(C) Include credentials of the laboratory that conducted the testing.

(D) Submit policies and/or procedures for device calibration.

(E) Submit a quality control plan that includes, but is not limited to:

1. A listing of the manufacturer’s management staff by full name and title, including management at the state, installation site, and service center levels;

2. Training materials for technicians on the installation and calibration of the device;

3. Training materials for installation sites and service centers on how to explain or train operators on the use of the device;

4. Training materials on the use of the device given to operators;

5. Policies, procedures, and/or guidance concerning the supervision of installation sites, service centers, and technicians in the state;

6. Policies, procedures, and/or guidance that explain how the manufacturer performs reasonable background checks to avoid technicians with two (2) or more alcohol related enforcement contacts as defined in section 302.525, RSMo; or, a manslaughter, involuntary manslaughter, or any type of crime or conduct involving an inherent quality of baseness, vileness, or depravity with respect to a person’s duty to another or to society in general that would compromise the program;

7. Policies, procedures, and/or guidance concerning disciplinary action for authorized service providers and technicians that fail to meet requirements set forth in 7 CSR 60- 2.030 through 7 CSR 60-2.050 or any policies of the applicant; and 8. A copy of the service and/or lease agreement given to operators.

(F) Submit these materials to the Missouri Department of Transportation, Highway Safety and Traffic Division, PO Box 270, Jefferson City, MO 65102. The approval process will not continue until all information is received and is complete to the satisfaction of the division.

(2) Testing and Evaluation.

(A) Submit three (3) devices for compliance testing by the division or its designee. One (1) device will be installed in a vehicle at applicant’s expense and tested for a period of thirty (30) days. The applicant will install the device with all anti-circumvention features activated in a vehicle provided by the state, or its designee, and programmed according to the standards and specifications found in 7 CSR 60-2.030 and capable of meeting the requirements found in 7 CSR 60-2.040 and 7 CSR 60-2.050.

(B) Submit a power source and mechanical device capable of causing the submitted device to function as in a vehicle for demonstration purposes in a laboratory setting and include all attachments reflecting the normal operating function (i.e., horn, siren, grounding, tachometer, or other vehicle “in operation” signal, etc.).

(C) Submit true and correct copies of the information retained in the memory of the ignition interlock device as well as all reported events and forms and/or service records capable of generation by the device during testing.

(3) Certification or Denial. Within thirty (30) days following completion of compliance testing and testing of reporting requirements, the division will issue a letter of certification or certification denial. No device will be deemed approved unless applicant has received written notification of certification from the division.

(A) A manufacturer not currently approved in the state of Missouri may submit a breath alcohol ignition interlock device to the division or designee for testing and approval a maximum of two (2) occurrences in a calendar year. Upon the manufacturer receiving a second letter of certification denial, the manufacturer shall be required to wait six (6) months from the date on the second denial letter before the manufacturer may submit an additional device for approval. 577.600, 577.605, and 577.612, RSMo 2016, sections 302.440– 302.462, RSMo 2016 and Supp. 2022, and section 302.060, RSMo Supp. 2022.* This rule originally filed as 11 CSR 60-2.020. Emergency

rule filed Feb. 5, 1996, effective Feb. 15, 1996, expired Aug. 12, 1996.

Original rule filed Feb. 16, 1996, effective Aug. 30, 1996. Moved to 7 CSR 60-2.020, effective Aug. 28, 2003. Amended: Filed May 7, 2009, effective Dec. 30, 2009. Emergency amendment filed Sept. 12, 2013, effective Oct. 1, 2013, expired March 29, 2014. Amended: Filed Sept. 12, 2013, effective March 30, 2014. Rescinded and readopted: Filed March 9, 2018, effective Oct. 30, 2018. Amended: Filed May 6, 2022, effective Dec. 30, 2022. amended 1951, 1961, 1982, 1983, 1984, 1987, 1989, 1991, 1996, 1999, 2005, 2008, 2009, 2012, 2013, 2014, 2015, 2018; 302.304, RSMo 1961, amended 1972, 1973, 1979, 1983, 1984, 1989, 1991, 1996, 1999, 2001, 2002, 2003, 2008, 2012, 2013, 2014, 2015; 302.309, RSMo 1961, amended 1965, 1967, 1977, 1978, 1983, 1984, 1987, 1989, 1990, 1991, 1993, Revised Statutes of Missouri, 2016 and Supp. 2017; 302.525, RSMo 1983, amended 1984, 1991, 2002, 2008, 2012, 2013, 2015; 577.041, RSMo 1982, amended 1987, 1991, 1993, 1996, 1998, 2001, 2002, 2003, 2005, 2008, 2010, 2013, 2014; 577.600, RSMo 1995,

7 CSR 60-2.030 Standards and Specifications {#sec-7-csr-60-2.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 60-2.030}

PURPOSE: This rule clarifies the standards and specifications required for an ignition interlock device to be certified for use in Missouri.

(1) Device standards and specifications. To be certified, a breath alcohol ignition interlock device must— (A) General— 1. Meet or exceed the standards established by the United States Department of Transportation, National Highway Traffic Safety Administration, identified as “Model Specifications for Breath Alcohol Ignition Interlock Devices” 78 FR 26849- 26867 as published in the Federal Register on May 8, 2013, by the National Highway Traffic Safety Administration, 1200 New Jersey SE, Washington, DC 20590 and effective March 8, 2014, and 80 FR 16720-16723 as published in the Federal Register on March 30, 2015, and effective March 30, 2015, which are hereby incorporated by reference and made a part of this rule. This paragraph does not incorporate any subsequent amendments or additions to this publication;

2. Be manufactured or assembled by an entity which possesses an accredited ISO 9001 certification;

3. Have electro-chemical fuel cell sensor technology or other advanced technology approved by the department;

4. Not be affected by humidity, dust, electromagnetic interference, smoke, exhaust fumes, food substance, or normal automobile vibration when used in accordance with device instructions;

5. Audibly or visually indicate when a 1.2 or 1.5 liter breath sample has been collected. The manufacturer, at its discretion, may permit the adjustment of the breath volume requirement to as low as 1.2 liter;

6. Permit a vehicle to be restarted without requiring an additional breath test for three (3) minutes after the ignition has been turned off or the vehicle has stalled, except when the operator has failed to take a running retest or has provided a breath sample which meets or exceeds the alcohol setpoint;

7. Have an anti-circumvention feature activated to deter bogus breath samples;

8. Display on a label the message: “WARNING! ANY PERSON TAMPERING, CIRCUMVENTING, OR OTHERWISE MISUSING THIS DEVICE IS GUILTY OF A CLASS A MISDEMEANOR”;

(B) Information to operator— 1. Alert the operator of its readiness for a breath sample;

2. A visual pass/fail indicator of the Breath Alcohol Concentration (BrAC), or a combination audio response and visual pass/fail indicator. The BrAC percentage result shall not be displayed to the operator;

3. Alert the operator of scheduled service at least seven (7) days prior to a scheduled service date;

4. Provide a warning to obtain service within seven (7) days following a missed scheduled service date or violations reset;

5. The device will permanently lockout if service is not obtained within the seven- (7-) day warning period;

(C) Alcohol set point to start vehicle— 1. Have an alcohol set point below twenty-five thousandths (.025) for initial breath test to start the vehicle;

2. Require the operator to provide a second breath sample that shall be below the alcohol set point within ten (10) minutes after the operator’s initial breath sample provided it is at or above the alcohol set point;

3. Permit a maximum of two (2) attempts to blow a breath sample below the alcohol set point within a ten- (10-) minute 4. Cause a fifteen- (15-) minute temporary lockout when two (2) failed startup attempts occur within a ten- (10-) minute 5. Present a violations reset message when two (2) fifteen- (15-) minute temporary lockouts occur within a thirty- (30-) day 6. Require the manufacturer in the event of two (2) temporary lockout occurrences within a thirty- (30-) day period to report such occurrences as a violation as required in 7 CSR 60-2.040(4);

(D) Alcohol retest set point and running retest.

1. Provide a running retest feature.

2. Have an alcohol retest set point of twenty-five thousandths (.025).

3. Request a running retest within five (5) minutes after the start of the vehicle and randomly during each subsequent thirty- (30-) minute time period thereafter while the vehicle is in operation.

4. Activate the vehicle’s horn, or other installed alarm, until the operator shuts off the engine when a device calculates a breath sample at or above the alcohol retest set point of twentyfive thousandths (.025) or when a device records a failure to provide a running retest sample within five (5) minutes.

A. Any aftermarket alarm or siren installed in a vehicle by the Authorized Service Provider (ASP) will be installed inside the passenger compartment of the vehicle.

B. Upon request of the driver, aftermarket lighting shall be installed within the vehicle by the ASP to notify hearing impaired drivers of a requested breath test. Such lighting shall be demonstrated to the division upon request.

5. Present a violations reset message when three (3) running retest breath samples at or above the alcohol retest set point occur within a thirty- (30-) day period or when three (3) running retest refusals are recorded within a thirty- (30-) day (E) Violations reset message.

6. Instruct the operator to obtain device service within seven (7) days following receipt of the message.

7. Cause the vehicle to enter a permanent lockout condition when a device is not serviced within seven (7) days;

(F) Device calibration.

1. Utilize calibration devices that are listed on the “Highway Safety Programs; Conforming Products List of Calibrating Units for Breath Alcohol Testers” established by the United States Department of Transportation, National Highway Traffic Safety Administration, 77 FR 64588-64590 as published in the Federal Register on October 22, 2012 by the National Highway Traffic Safety Administration, 1200 New Jersey SE, Washington, DC 20590 and effective October 22, 2012, which are hereby incorporated by reference and made a part of this rule. This paragraph does not incorporate any subsequent amendments or additions to this publication.

2. Calibrate devices at least every thirty (30) days, +/- seven (7) days, or during each monitoring service.

3. Be calibrated for accuracy by using a wet bath or dry gas alcohol standard with a reference value between 0.02 and 0.050 g/dL BrAC. The solution or gas should have a certificate of analysis that is traceable to the National Institute of Standards and Technology (NIST).

4. The device calibration must be within +/- 0.005 BrAC of the calibration standard reference value.

5. House and use wet bath simulators in environmentally stable, temperature controlled settings. Utilize wet bath simulators containing mercury-in-glass thermometers or digital thermometers and read thirty-four (34) degrees Celsius, +/- 0.2 degrees Celsius. Tubing length connecting the simulator to the interlock device will not exceed six (6) inches in length.

6. Store dry gas alcohol standard tanks in an environment where the temperature range remains between fifty and one hundred and four (50–104) degrees Fahrenheit and secured in a manner as to prevent harm to the public. The reference value will be adjusted for changes in elevation;

(G) Data storage and retention.

1. Have a sufficient internal memory to allow continuous recording and storage of all data for a minimum of thirty-seven (37) days.

2. Store data in a manner so the data will not be lost or affected by unintended data corruption, low vehicle battery voltage, loss of power supply, or disengagement or disconnection of the device.

3. Store data in a manner so that it can be printed in a report format that can be reasonably understood without reference to other information or documents.

4. Capture the date and time of any use or attempted use of a vehicle, any act or attempt to tamper or circumvent the device, device malfunctions, running retest refusals, when a violation reset message was presented, and any device servicing.

5. Capture the date, time, and breath alcohol concentration, in grams per two hundred ten (210) liters of air, of each breath sample provided to the device.

6. Provide photo identification or digital images and global positioning data when the features are enabled as required by the court supervising authority, Department of Revenue, or Missouri statute;

(H) Photo identification or digital images when the features are enabled as required by the court supervising authority, Department of Revenue, or Missouri statute.

1. Not impede the field of vision of the operator for safe and legal operation of the vehicle.

2. Include a reference photo or digital image of the operator at installation that is included as part of their electronic record.

3. Provide a wide angle view of sufficient quality so the person providing a breath sample and his/her position in the vehicle can be clearly identified.

4. Provide a photo or digital image of sufficient quality and resolution so that the operator can be clearly identified in all lighting conditions including but not limited to extreme brightness, darkness, and low light conditions.

5. Provide a photo or digital image for each successful completion of the initial breath test, successful completion of any running retest breath test, unsuccessful delivery of the initial breath test, unsuccessful delivery of any running retest breath test, any refusal to take the breath test, and for any circumvention or tampering.

6. Indicate the date, time, and BrAC reading when the photo or digital image was taken; and (I) Real-Time Reporting.

7. Effective on and after January 1, 2019, incorporate realtime reporting capabilities on all new installations of devices that require a camera by statute or court order.

8. Effective on and after August 1, 2019, incorporate realtime reporting capabilities on all currently installed devices that require a camera by statute or court order except when the operator is within three (3) months of removal of the device unless they have received a violations reset during that time period.

9. Provide near real-time data transmission between the operator’s device and the manufacturer’s server while the device is in use.

10. Make available for viewing, when a violation occurs, all data, including photos or digital imaging and global positioning system coordinates, if required, on the manufacturer’s website within ten (10) minutes from when the data was recorded on the device or as soon as cellular transmission will permit. This includes any last event data recorded after power off or as power is restored (e.g., skipped running retest data).

11. Make available for viewing, during normal operation without violations, all data, including photos or digital imaging and global positioning system coordinates, if required, on the manufacturer’s website within twelve (12) hours from when the data was recorded on the device or as soon as cellular transmission will permit. This includes any last event data recorded after power off or as power is restored (e.g., skipped running retest data).

12. Provide the date of the last upload on the operator’s web account.

13. Utilize a cell phone company as well as a cellular contract that includes roaming services or a data transmission service. In cases where there is no cellular reception or data transmission, the device will store the data and send it as soon as reception is available or restored.

Supp. 2024, and sections 302.440–302.462, RSMo 2016 and Supp. 2024.* This rule originally filed as 11 CSR 60-2.030. Emergency rule Original rule filed Feb. 16, 1996, effective Aug. 30, 1996. Moved to 7 CSR 60-2.030, effective Aug. 28, 2003. Emergency amendment filed May 7, 2009, effective July 1, 2009, expired Dec. 30, 2009.

Amended: Filed May 7, 2009, effective Dec. 30, 2009. Emergency amendment filed April 8, 2010, effective April 18, 2010, expired Nov. 30, 2010. Amended: Filed April 8, 2010, effective Nov. 30, 2010.

Emergency amendment filed Sept. 12, 2013, effective Oct. 1, 2013, expired March 29, 2014. Amended: Filed Sept. 12, 2013, effective March 30, 2014. Rescinded and readopted: Filed March 9, 2018, effective Oct. 30, 2018. Amended: Filed May 6, 2022, effective Dec. 30, 2022. Amended: Filed Jan. 5, 2024, effective Aug. 30, 2024.

Emergency amendment filed Dec. 6, 2024, effective Jan. 1, 2025, expired June 29, 2025. Amended: Filed Dec. 6, 2024, effective June 30, 2025. amended 1951, 1961, 1982, 1983, 1984, 1987, 1989, 1991, 1996, 1999, 2005, 2008, 2009, 2012, 2013, 2014, 2015, 2018; 302.304, RSMo 1961, amended 1972, 1973, 1979, 1983, 1984, 1989, 1991, 1996, 1999, 2001, 2002, 2003, 2008, 2012, 2013, 2014, 2015; 302.309, RSMo 1961, amended 1965, 1967, 1977, 1978, 1983, 1984, 1987, 1989, 1990, 1991, 1993, Revised Statutes of Missouri, 2016 and Supp. 2024; 302.525, RSMo 1983, amended 1984, 1991, 2002, 2008, 2012, 2013, 2015; 577.041, RSMo 1982, amended 1987, 1991, 1993, 1996, 1998, 2001, 2002, 2003, 2005, 2008, 2010, 2013, 2014; 577.600, RSMo 1995,

7 CSR 60-2.040 Responsibilities of Manufacturers {#sec-7-csr-60-2.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 60-2.040}

PURPOSE: This rule clarifies the manufacturer’s responsibilities in regard to ignition interlock devices certified for use in Missouri.

(1) A manufacturer shall— (A) Carry product liability insurance with minimum liability limits of one (1) million dollars per occurrence and three (3) million dollars aggregate total that includes coverage for defects in device design and materials as well as device manufacturing, calibration, installation, and removal;

(B) Indemnify and hold harmless the state of Missouri and its officers, employees, and agents from all claims, demands, actions, and costs whatsoever which may arise, directly or indirectly, out of any act or omission by the manufacturer or its authorized service providers relating to device installation, service, repair, use, or removal;

(C) Review all data downloaded from a device for any evidence, within the designated monitoring period, of violations reset, tampering, and/or circumvention as those terms are defined in 7 CSR 60-2.010;

(D) Review operator’s downloaded data for quality assurance in the event a minimum of thirty (30) vehicle starts is not recorded, zero (0) miles is recorded driven, or negative vehicle miles traveled is recorded, compared to the previous service record;

(E) Provide testimony in any civil, criminal, or administrative proceeding or hearing on device manufacturing, function, testing protocol(s), and any report or information provided to the division, Department of Revenue, or court supervising

(F) Retain all information obtained as a result of each calibration or inspection for a minimum of three (3) years from the date of device removal;

(G) Retain records of installation, calibration, downloads, service, removal, and their associated invoices for a minimum of five (5) years from the date of device removal;

(H) Provide, upon request and at no cost, informational materials on devices to the Division of Probation and Parole, the Circuit Courts, and the Department of Revenue for distribution to operators;

(I) Create a printed price list reflecting any and all fees related to ignition interlock services that are not covered in the lease agreement; and (J) Document any evidence of tampering and circumvention and notify court supervising authority.

(2) A manufacturer shall provide to the division the following:

(A) Proof of insurance that also includes a statement from the insurance company that thirty (30) days notice will be given to the division prior to cancellation of any insurance required under this rule;

(B) Written notice of any modification or alteration in the components, design, or installation and operating instructions of any certified device;

(C) Satisfactory proof that any modifications or alterations do not adversely affect the device’s ability to meet or exceed the standards established by the United States Department of Transportation, National Highway Traffic Safety Administration, identified as “Model Specifications for Breath Alcohol Ignition Interlock Devices” 78 FR 26849-26867 as published in the Federal Register on May 8, 2013 by the National Highway Traffic Safety Administration, 1200 New Jersey SE, Washington, DC 20590 and effective March 8, 2014, and 80 FR 16720-16723 as published in the Federal Register on March 30, 2015 and effective March 30, 2015, which are hereby incorporated by reference and made a part of this rule. This subsection does not incorporate any subsequent amendments or additions to this publication;

(D) A quarterly status report for each certified device that is sent electronically and received by the division on or before the fifteenth of the month immediately following the end of the quarter, and that contains for that quarter the total number of— 1. Devices that were in operation, devices installed during the quarter, devices voluntarily installed during the quarter, devices removed during the quarter, devices that malfunctioned or were defective;

2. Breath tests conducted and breath tests resulting in a Breath Alcohol Concentration (BrAC) at or above the alcohol set point;

3. Attempts at device circumvention as that term is defined in 7 CSR 60-2.010;

4. Vehicle starts and miles driven between download and calibration appointments;

5. Number of devices that resulted in a service lockout during the quarter; and 6. The first quarter of each year shall be January 1 through March 31;

(E) Within one (1) business day, electronic notice of any change to the list of authorized service providers for the manufacturer to include any additions, deletions, or other changes. Include the company name, location, phone number, contact name for each provider, indicate if the provider is a mobile site or fixed site, and which services are provided at each location (e.g., installation, calibration, removal);

(F) Upon request and at no cost, provide the division or its designee, a copy of all operator files and records;

(G) Notice of and explanation when a device has not transmitted data as outlined in 7 CSR 60-2.030 (1)(I) real-time reporting. Electronic notice will be made once the operator has been contacted or device calibration has occurred, whichever occurs first;

(H) Upon request and at no cost, provide the division or its designee three (3) devices for periodic compliance testing once a device is certified. One (1) device will be installed in a vehicle and tested for a period of thirty (30)

days. The manufacturer will install the device with all anticircumvention features activated in a vehicle provided by the division or its designee, and programmed according to the standards and specifications found in 7 CSR 60-2.030 and capable of meeting the requirements found in 7 CSR 60-2.040 through 7 CSR 60-2.050; and (I) Written notification if a certified device is the subject of a proposed sanction, disapproval, suspension, revocation, or cancellation of a device by another state or jurisdiction and written notice of the final decision regarding the sanction, disapproval, suspension, revocation, or cancellation by another state or jurisdiction;

(3) A manufacturer shall provide electronic notice to the Missouri Department of Revenue, in a format as determined by the director of revenue, within one (1) working day of device installation, service lockout condition, device removal, device equipment addition/removal (e.g., camera), and completion of the designated monitoring period. In the same format, the manufacturer shall also submit electronically to the Missouri Department of Revenue, comparison files biannually to ensure data quality between parties.

(4) As outlined in 7 CSR 60-2.030(1)(I) real-time reporting, a manufacturer shall provide to the court ordered supervising

(B) Reports every thirty (30) days that contain a summary of violations, the number of starts, the number of miles driven since last calibration, and all instances of tampering, circumvention, violations reset, BrAC at or above the alcohol set point, missed scheduled service date, device removal, and other instances of operator noncompliance as determined by the referring court; and (C) Provide to the court ordered supervising authority, upon request, additional reports to include but not be limited to records of installation, calibrations, maintenance checks, and usage records.

(5) A manufacturer shall provide to the operator— (A) Written instructions and hands-on training on how to use and maintain the device;

(B) Written instructions on what type of vehicle malfunctions or repairs may affect the device and what to do when vehicle repairs are necessary;

(C) A twenty-four (24) hour toll-free telephone number for technical information and tow and/or road service in the event of a device malfunction or failure.

1. A call will be answered by a device technician or returned by a device technician within thirty (30) minutes of the original call time.

2. Assistance related to the malfunction or failure of a device should be provided within two (2) hours of the original call time.

3. The device must be made functional or replaced within twenty-four (24) business hours from the original call time. In the event of a device malfunction or failure on a federal holiday, the device will be repaired or replaced on the following business day;

(D) Restoration of the vehicle to its original condition after removal of the device;

(E) Access to a separate, enclosed waiting area during device installation and removal; and (F) Notification when the device has not transmitted data, as outlined in 7 CSR 60-2.030 (1)(I) real-time reporting, for a consecutive ten- (10-) day period.

Supp. 2023, and sections 302.440–302.462, RSMo 2016 and Supp. 2023.* This rule originally filed as 11 CSR 60-2.040. Emergency rule Original rule filed Feb. 16, 1996, effective Aug. 30, 1996. Moved to 7 CSR 60-2.040, effective Aug. 28, 2003. Emergency amendment filed May 7, 2009, effective July 1, 2009, expired Dec. 30, 2009.

Amended: Filed May 7, 2009, effective Dec. 30, 2009. Emergency amendment filed Sept. 12, 2013, effective Oct. 1, 2013, expired March 29, 2014. Amended: Filed Sept. 12, 2013, effective March 30, 2014. Rescinded and readopted: Filed March 9, 2018, effective Oct. 30, 2018. Amended: Filed May 6, 2022, effective Dec. 30, 2022.

Amended: Filed Jan. 5, 2024, effective Aug. 30, 2024. amended 1951, 1961, 1982, 1983, 1984, 1987, 1989, 1991, 1996, 1999, 2005, 2008, 2009, 2012, 2013, 2014, 2015, 2018; 302.304, RSMo 1961, amended 1972, 1973, 1979, 1983, 1984, 1989, 1991, 1996, 1999, 2001, 2002, 2003, 2008, 2012, 2013, 2014, 2015; 302.309, RSMo 1961, amended 1965, 1967, 1977, 1978, 1983, 1984, 1987, 1989, 1990, 1991, 1993, 1984, 1991, 2002, 2008, 2012, 2013, 2015; 577.041, RSMo 1982, amended 1987, 1991, 1993, 1996, 1998, 2001, 2002, 2003, 2005, 2008, 2010, 2013, 2014; 577.600, RSMo 1995,

History

• authority;
• authority by a method and in a format as determined by the court ordered supervising authority— (A) Notice, before the end of the next business day, with the exception of federal holidays, of any instance of operator noncompliance such as any lockout condition, circumvention, violations reset, BrAC at or above the alcohol set point, missed scheduled service date, device removal, and other instances of operator noncompliance as determined by the referring court;

7 CSR 60-2.050 Breath Alcohol Ignition Interlock Device Security {#sec-7-csr-60-2.050 omnilex-key=us-mo-regs-official--title-7--7 CSR 60-2.050}

PURPOSE: This rule outlines security requirements of manufacturers and authorized service providers.

(1) A manufacturer shall require and take steps to ensure that its authorized service providers— (A) Carry garage keepers or general liability insurance coverage with minimum limits of three hundred thousand ($300,000) dollars per occurrence and six hundred thousand ($600,000) dollars in the aggregate to cover damage and loss to the operator’s vehicle and personal property while in the authorized service providers care and/or custody;

(B) Meet all federal, state, and local government law and regulations for operating as a business in the state;

(C) Follow certification standards and specifications for service;

(D) Possess the appropriate skills, equipment, and facilities necessary to comply with all of the certification and operational requirements outlined in 7 CSR 60-2.030 through 7 CSR 60- 2.050;

(E) Inspect all vehicles before and after device installation to determine that the mechanical and electrical parts of the vehicle affected by the device are acceptable for the installation and proper operation of the device;

(F) Take reasonable steps to prevent the operator or any other unauthorized person from obtaining access to installation materials and/or from observing the installation, monitoring, maintenance, or removal of a device;

(G) Do not install or service any device, except for testing and promotional purposes, on a vehicle owned or operated by any of its employees or relatives of its employees within the second degree of consanguinity or affinity as that phrase is defined in 7 CSR 60-2.010;

(H) Provide written and hands-on training for the operator on how to properly use, operate, and maintain the device, including instructions against improper operation and precautions when others use the device;

(I) Do not install or service a device in a vehicle that cannot be driven from the service center under its own power;

(J) Place all connections between a device and the vehicle under the dash or in an inconspicuous area of the vehicle and cover all exposed electrical connections between a device and the vehicle with unique and easily identifiable seal, epoxy, resin, wire, sheathing, or tape;

(K) Document on the manufacturer’s server vehicle mileage as displayed on the vehicle odometer and vehicle registration (license plate) when a device is installed, serviced, and/or removed;

(L) Conduct physical inspections of all external wiring, insulation, connections, tamper seals, and sheathing when a device is serviced, maintained, and/or repaired;

(M) Check device for proper operation, tampering, and circumvention when a device is serviced, maintained, and/or repaired;

(N) Do not sell or allow the use of any type of remote code or reset feature that allows the operator to bypass a device without providing all required breath tests, except that an override lockout code or mechanical override code (bypass) may be sold or allowed under the following conditions:

1. The override lockout code or mechanical override code must be unique to the device;

2. All requirements outlined in 7 CSR 60-2.030 through 7 CSR 60-2.050 apply;

3. The override lockout code will not be valid for more than three (3) hours upon which the device will enter a permanent lockout status. The mechanical override code will be valid for a maximum of twelve (12) hours upon which the device will enter a violation reset status. Additional unique mechanical override codes may be utilized in the event the mechanical service exceeds twelve (12) hours; and 4. Each override lockout code or mechanical override code will be uniquely recorded in the data storage system;

(O) Document each use of an override lockout code or mechanical override code on the operator’s data log.

1. Proof of vehicle mechanical service in the form of a mechanic’s affidavit shall be submitted to the manufacturer and attached to the operator’s electronic file for validation if a mechanical override code is utilized;

(P) Do not assist or facilitate any tampering or circumvention of a device;

(Q) Do not ship a device or other equipment to anyone other than the manufacturer, authorized service provider, or state

(R) Conduct installations, calibrations, downloads, servicing, and/or removal of a device for an operator residing out-of-state are in compliance with all requirements outlined in 7 CSR 60- 2.010 through 7 CSR 60-2.060;

(S) Maintain records documenting all calibrations, downloads, and any other service performed on a device, including service of a violations reset;

(T) Do not permit an unauthorized person to view or gain access to an operator’s personal or medical information, or other secured materials including but not limited to tamper seals, installation instructions, computer discs, and any other material used to download device data or install, service, calibrate, monitor, or remove a device; and (U) The individual with the BAIID requirement shall be present at the time of device installation. The authorized service provider shall document whether the individual with the BAIID requirement is present at time of device service or removal.

(2) The division reserves the right to inspect any authorized service provider location during regular business hours for compliance of program rules. This includes new and existing service providers including already established businesses that are adding breath alcohol ignition interlocks to their service offering.

Supp. 2023, and sections 302.440–302.462, RSMo 2016 and Supp. 2023.* This rule originally filed as 11 CSR 60-2.050. Emergency rule Original rule filed Feb. 16, 1996, effective Aug. 30, 1996. Moved to 7 CSR 60-2.050, effective Aug. 28, 2003. Amended: Filed May 7, 2009, effective Dec. 30, 2009. Emergency amendment filed Sept. 12, 2013, effective Oct. 1, 2013, expired March 29, 2014. Amended: Filed Sept. 12, 2013, effective March 30, 2014. Rescinded and readopted: Filed March 9, 2018, effective Oct. 30, 2018. Amended: Filed May 6, 2022, effective Dec. 30, 2022. Amended: Filed Jan. 5, 2024, effective Aug. 30, 2024. amended 1951, 1961, 1982, 1983, 1984, 1987, 1989, 1991, 1996, 1999, 2005, 2008, 2009, 2012, 2013, 2014, 2015, 2018; 302.304, RSMo 1961, amended 1972, 1973, 1979, 1983, 1984, 1989, 1991, 1996, 1999, 2001, 2002, 2003, 2008, 2012, 2013, 2014, 2015; 302.309, RSMo 1961, amended 1965, 1967, 1977, 1978, 1983, 1984, 1987, 1989, 1990, 1991, 1993, 1984, 1991, 2002, 2008, 2012, 2013, 2015; 577.041, RSMo 1982, amended 1987, 1991, 1993, 1996, 1998, 2001, 2002, 2003, 2005, 2008, 2010, 2013, 2014; 577.600, RSMo 1995,

History

• authority;

7 CSR 60-2.060 Device Suspension and Decertification {#sec-7-csr-60-2.060 omnilex-key=us-mo-regs-official--title-7--7 CSR 60-2.060}

PURPOSE: This rule clarifies the conditions for which an ignition interlock device may be suspended or decertified.

(1) Suspension and Decertification. If a manufacturer does not comply with the requirements of 7 CSR 60-2.030 through 7 CSR 60-2.050, then the division is authorized to suspend and/or decertify the manufacturer’s device. The division may also suspend and/or remove an authorized service provider as an eligible service location for failure to comply with the requirements of 7 CSR 60-2.030 through 7 CSR 60-2.050.

(2) Circumstances warranting suspension and/or decertification include but are not limited to— (A) Voluntary request by the manufacturer;

(B) Termination or cancellation of liability insurance;

(C) Modification or alteration of the components, design, installation, and operation instructions in such a way that the device no longer meets or exceeds the standards established by the United States Department of Transportation, National Highway Traffic Safety Administration, identified as “Model Specifications for Breath Alcohol Ignition Interlock Devices” 78 FR 26849-26867 as published in the Federal Register on May 8, 2013 by the National Highway Traffic Safety Administration, 1200 New Jersey SE, Washington, DC 20590 and effective March 8, 2014, and 80 FR 16720-16723 as published in the Federal Register on March 30, 2015 and effective March 30, 2015, which are hereby incorporated by reference and made a part of this

rule. This subsection does not incorporate any subsequent amendments or additions to this publication;

(D) Defects in design, materials, or workmanship that appear to cause repeated device failures;

(E) Documented multiple device malfunctions and/or failures;

(F) Instances of device not meeting the standards and specifications of 7 CSR 60-2.030;

(G) Validated complaints from multiple operators concerning proper device operation;

(H) Instances of the manufacturer not meeting reporting requirements or any other requirements found in 7 CSR 60- 2.030 through 7 CSR 60-2.050; and (I) Manufacturer or its agent provides false, inaccurate, or misleading information relating to device specifications or performance.

(3) Cost. In the event of suspension or decertification, the manufacturer will be responsible for all compliance costs associated with 7 CSR 60-2.010 through 7 CSR 60-2.060 including but not limited to— (A) Contacting operators regarding the manufacturer’s suspension or decertification;

(B) Removal of decertified devices from the operator’s vehicle;

(C) Installation of a new device chosen by the operator on the operator’s vehicle; and (D) Transfer of all operators’ user records and other applicable documents to a location and in a format as directed by the division.

(4) Suspension. A suspension will last for at least ninety (90) days after the division’s final decision. During this period, the suspended device cannot be installed in a vehicle in Missouri as a new install or replacement for the same or different device.

The division reserves the right to notify operators, if deemed necessary under the circumstances. If device malfunctions and/or failures were the basis for the suspension, then the division’s decision may require certification testing before the suspension is lifted. A suspension will not exceed one (1) year.

(5) Decertification. A device may be decertified for reasons listed under section (2) or if corrective action on a suspended device has not been timely and satisfactorily completed. Within thirty (30) days of a final commission decision to decertify, a manufacturer will notify operators of the decertification and will transfer all operators’ user records and other applicable documents to a location and in a format as directed by the division. The division reserves the right to notify operators, if deemed necessary under the circumstances. Within thirty (30) days of a final commission decision to decertify, a manufacturer will submit its written plan explaining the process and timeline for removing the decertified devices and installing a certified device selected by the operator. All decertified devices shall be removed and replacement devices installed within one hundred twenty (120) days of a final commission decision. If a device is decertified, then it is ineligible for certification for a period of one (1) year beginning on the date the last device is removed.

(6) Notice. Notice of a suspension or decertification will be sent by certified mail to the manufacturer’s representative at the address on file with the division. The notice is deemed received upon receipt or five (5) business days after mailing, whichever occurs first.

(7) Effective Date. A suspension or decertification decision takes effect seven (7) days after notice is received unless the division, in its sole discretion, determines that the device should be suspended or decertified immediately due to a risk to public safety. In that instance, the suspension or decertification takes effect once notice is received or five (5) business days after mailing, whichever occurs first.

(8) Final Decision. The division’s decision becomes the final decision of the commission, unless an informal review is requested. If an informal review is requested, then the review panel’s decision becomes the commission’s final decision.

(9) Informal Review. Within seven (7) days following receipt of notice of a suspension or decertification, a manufacturer may submit a written request for an informal review of the division’s decision. The review will be conducted by a three- (3-) person panel of department personnel, appointed by the department’s deputy director/chief engineer. A member of the review panel cannot be personnel actively involved in the division’s decision. If an informal review is requested, then the manufacturer will have ten (10) business days in which to submit relevant facts, arguments in favor of its position, and supporting documentation to the panel. Information may be submitted electronically or by U.S. mail. The panel will have ten (10) business days to review the submissions and make a decision. Pending completion of the informal review process, the suspended or decertified device cannot be installed in a vehicle as a new install or as a replacement for the same or different device.

Supp. 2023, and sections 302.440–302.462, RSMo 2016 and Supp. 2023.* This rule originally filed as 11 CSR 60-2.060. Emergency rule Original rule filed Feb. 16, 1996, effective Aug. 30, 1996. Moved to 7 CSR 60-2.060, effective Aug. 28, 2003. Amended: Filed May 7, 2009, effective Dec. 30, 2009. Amended: Filed Sept. 12, 2013, effective March 30, 2014. Rescinded and readopted: Filed March 9, 2018, effective Oct. 30, 2018. Amended: Filed May 6, 2022, effective Dec. 30, 2022. Amended: Filed Jan. 5, 2024, effective Aug. 30, 2024. amended 1951, 1961, 1982, 1983, 1984, 1987, 1989, 1991, 1996, 1999, 2005, 2008, 2009, 2012, 2013, 2014, 2015, 2018; 302.304, RSMo 1961, amended 1972, 1973, 1979, 1983, 1984, 1989, 1991, 1996, 1999, 2001, 2002, 2003, 2008, 2012, 2013, 2014, 2015; 302.309, RSMo 1961, amended 1965, 1967, 1977, 1978, 1983, 1984, 1987, 1989, 1990, 1991, 1993, 1984, 1991, 2002, 2008, 2012, 2013, 2015; 577.041, RSMo 1982, amended 1987, 1991, 1993, 1996, 1998, 2001, 2002, 2003, 2005, 2008, 2010, 2013, 2014; 577.600, RSMo 1995,

Chapter 3 Driver Improvement Program

7 CSR 60-3.010 Approval {#sec-7-csr-60-3.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 60-3.010}

PURPOSE: This rule establishes an approval process for driverimprovement programs mandated by section 302.178, RSMo.

(1) The Missouri Highways and Transportation Commission designates the Missouri Department of Transportation’s Highway Safety and Traffic Division to choose a designee who will receive and process applications to provide a Driver- Improvement Program (DIP).

(2) The designee shall make a provider application available within five (5) business days of receipt of a written request.

(3) A course outline, instructor qualifications, and an assessment of training aids and facilities used by the program shall be submitted with the application.

(4) The designee shall review properly completed and submitted DIP applications and deny the application or issue a provider certificate within forty-five (45) working days of receipt. The designee shall issue a provider certificate upon satisfactory compliance of approval procedures and established criteria for DIPs. Each certificate shall be signed and have a unique identifying number.

(5) The signed certificate authorizes a provider’s DIP for one (1) calendar year following the date of issuance. If the DIP varies significantly from the material submitted for approval, then authorization may be withdrawn upon thirty (30) days notice.

History

• AUTHORITY: section 302.178, RSMo 2016. This rule originally filed as 11 CSR 30-3.010. Original rule filed Oct. 15, 1986, effective Jan. 12, 1987. Moved to 7 CSR 60-3.010 and amended: Filed Oct. 17, 2016, effective July 30, 2017. Rescinded and readopted: Filed May 6, 2022, effective Dec. 30, 2022. Original authority: 302.178, RSMo 1999, amended 2000, 2001, 2004, 2006, 2014.

Division 265 Motor Carrier and Railroad Safety

Chapter 8 Railroads

7 CSR 265-8.020 Track Switch Position Indicators. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 TRANSPORTATION {#sec-7-csr-265-8.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-8.020}

7 CSR 265-8.005 Definitions {#sec-7-csr-265-8.005 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-8.005}

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

(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

(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 Missouri Department of Transportation.

(6) Division - the Multimodal Operations Division within the Missouri 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. filed as 4 CSR 265-2.010. Emergency rule filed June 14, 1985, Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed July 31, 1986, effective Oct. 27, 1986. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994. Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Emergency amendment filed Aug. 16, 1996, effective Aug. 28, 1996, expired Feb. 23, 1997. Moved and amended:

Filed March 9, 2018, effective Oct. 30, 2018.

History

• authority by Article IV, Section 29, Missouri Constitution.

7 CSR 265-8.010 Accidents {#sec-7-csr-265-8.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-8.010}

PURPOSE: This rule provides for the reporting of railroad accidents, to ensure that the division has adequate notice and timely opportunity to investigate railroad accidents, and to obtain information pertinent to regulatory enforcement and planning for safety improvements.

(1) Every railroad and street railroad corporation engaged in business in this state is to give notice to this division of railroad accidents and incidents as set forth in this rule.

(A) The division will be furnished with prompt telephone notice, twenty-four (24) hours a day for the following accidents/ incidents:

1. Hazardous material incident. For the purposes of this

rule, the term hazardous material has the same meaning as found in Title 49, Code of Federal Regulations (CFR), Part 171.8, which is incorporated herein by reference and made a

part of this rule as published October 1, 2016 by the Pipeline and Hazardous Materials Safety Administration, United States subsequent amendments or additions of this rule. Each incident that occurs during the course of transportation of hazardous materials (including loading, unloading, and temporary storage) in which as a direct result of hazardous materials— A. A person is killed;

B. A person receives injuries requiring his/her hospitalization;

C. Estimated carrier or other property damage exceeds fifty thousand dollars ($50,000);

D. Fire, breakage, spillage, or suspected radioactive contamination occurs involving shipment of radioactive material;

E. Fire, breakage, spillage, or suspected contamination occurs involving shipment of etiologic agents; or F. A situation exists of a nature that, in the judgment of the carrier, it should be reported in accordance with subsection (1)(C) of this rule even though it does not meet the criteria of subparagraphs A., B., or C., of this paragraph 1., for example, a continuing danger to life exists at the scene of the incident;

2. Major railroad accident. All derailments, collisions, or other train accidents when ten (10) or more cars derail on trackage where trains operate at speeds greater than ten (10) miles per hour; and 3. Fatal grade crossing accident. All accidents which occur at grade crossings that involve railroad rolling equipment which results in a fatality.

(B) The division will be furnished with prompt telephone notice during regular working hours for the following accidents:

1. All grade crossing accidents which involve railroad rolling equipment that result in a personal injury of which the railroad has knowledge;

2. All derailments, collisions, or other train accidents when five (5) or more cars are derailed;

3. All accidents which result in the loss of life to any person as a result of railroad operations; and 4. All accidents which involve AMTRAK, or any other passenger train.

(C) Reports made in accordance with subsections (1)(A) and (B) of this rule are to— 1. Be made to the division at (573) 751-4291; and 2. Provide the following information:

A. Name of the official making report;

B. Phone number where the official can be reached;

C. Name of the carrier involved;

D. Date, time, location, and type of accident;

E. Equipment involved, if the information is available;

F. Classification, name, and quantity of hazardous materials involved if the information is available; and G. Number of persons killed or injured.

(2) Written Accident Report Prepared.

(A) Each railroad or street railroad which submits a report of Hazardous Materials Incident in accordance with paragraph (1)(A)1. of this rule shall file a copy of the report made to the United States Department of Transportation as required in 49 CFR 171.16 to the division within the same time period as prescribed by the United States Department of Transportation. 49 CFR 171.16 is incorporated herein by reference and made a

part of this rule as published October 1, 2016 by the Pipeline and Hazardous Materials Safety Administration, United States subsequent amendments or additions of this rule.

(B) Each railroad or street railroad shall submit to the division a monthly report of all accidents which must be reported to the United States Department of Transportation that includes all other accidents at grade crossings involving rolling equipment of which the railroad has knowledge. The form of these reports shall be the same forms as required by the United States Department of Transportation and prepared in accordance with the Federal Railroad Administration (FRA) Guide for Preparing Accident/Incident Reports, which is hereby incorporated by reference and made a part of this rule as published May 23, 2011 by the Federal Railroad Administration, United States subsequent amendments or additions of this guide.

(3) Upon division request, the details of any accident or delay to traffic not specifically provided for in this rule shall be immediately furnished to the division by the railroad or street railroad corporation. as 4 CSR 265-8.010. Emergency rule filed June 14, 1985, effective effective Oct. 29, 1985. Amended: Filed April 16, 1986, effective June 30, 1986. Amended: Filed May 2, 1991, effective Dec. 9, 1991.

Amended: Filed June 22, 1998, effective Feb. 28, 1999. Moved and amended: Filed March 9, 2018, effective Oct. 30, 2018.

7 CSR 265-8.012 Dedicated Railroad Telephone {#sec-7-csr-265-8.012 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-8.012}

PURPOSE: This rule requires that the railroad companies operating in Missouri provide telephone facilities so that those offices of the railroads controlling the movement of trains may be contacted by outside agencies in case of emergencies.

(1) Unless permission has been received from the division for a variance, every railroad operating within this state shall maintain an emergency telephone number twentyfour (24) hours a day at a location from which the railroad has immediate communication with the dispatcher or other railroad employees having control over the movement of trains.

(2) The railroad shall use the emergency telephone only for the

purpose of receiving emergency communications and provide this division with the following:

(A) Number of the telephone;

(B) Location of the telephone; and (C) Notice of any change to the telephone number or location ten (10) days prior to the change. filed as 4 CSR 265-8.012. Original rule filed May 2, 1991, effective Dec. 9, 1991. Moved and amended: Filed March 9, 2018, effective Oct. 30, 2018.

7 CSR 265-8.018 Signs {#sec-7-csr-265-8.018 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-8.018}

PURPOSE: This rule prescribes standards for informational, directional, and warning signs used as a result of rules of the Missouri Department of Transportation.

(1) All crossing warning signs, track switch position indicators, and close clearance-warning signs shall— (A) Be covered with a retroreflectorized material to show the same shape and color by day or night;

(B) Use retroreflectorized material that meets or exceeds the minimum levels specified in the Manual on Uniform Traffic Control Devices for Streets and Highways (2009 Edition including Revisions 1 and 2), which is incorporated by reference and made a part of this rule as published by the Federal Highway Administration, United States Department of Transportation, 400 7th Street SW, Room 3408, Washington, DC 20590, website: https://mutcd.fhwa.dot.gov/pdfs/2009r1r2/ mutcd2009r1r2edition.pdf. This rule does not incorporate any subsequent amendments or additions of this manual; and (C) Be maintained in a reasonably clean condition and replaced when the signs have been moderately impaired by wear or damage.

(2) In those cases where the division determines that retroreflectorization will not perform effectively, the division may require the use of appropriate illumination for the signs. filed as 4 CSR 265-8.018. Original rule filed May 2, 1991, effective Dec. 9, 1991. Moved and amended: Filed March 9, 2018, effective Oct. 30, 2018. Amended: Filed Sept. 8, 2023, effective April 30, 2024.

7 CSR 265-8.020 Track Switch Position Indicators {#sec-7-csr-265-8.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-8.020}

PURPOSE: This rule prescribes the use, specifications, and maintenance of retroreflectorized targets and lenses used as track switch position indicators.

(1) Railroads operating within Missouri may use on main line switches either retroreflectorized lenses or retroreflectorized targets in accordance with the provisions of this rule.

(2) Retroreflectorized targets used on main lines covered by the requirements of section 389.710, RSMo, shall— (A) Be mounted to show a red aspect that is at least one hundred forty (140) square inches in area whenever the switch is lined against the main line; and (B) Meet the retroreflectivity and maintenance requirements in 7 CSR 265-8.018.

(3) Retroreflectorized lenses used on main lines covered by the requirements of section 389.710, RSMo, shall— (A) Be mounted to show a red aspect that is at least four and five-eighths inches (4 5/8") in diameter or seventeen and two-thirds (17 2/3) square inches in area whenever the switch is lined against the main line;

(B) Be sealed against dust and moisture by a smooth plastic covering; and (C) Meet the retroreflectivity and maintenance requirements set forth in 7 CSR 265-8.018. as 4 CSR 265-8.020. Emergency rule filed June 14, 1985, effective effective Oct. 29, 1985. Amended: Filed May 2, 1991, effective Dec. 9, 1991. Amended: Filed June 22, 1998, effective Feb. 28, 1999.

7 CSR 265-8.030 Visual Obstructions at Public Grade Crossings {#sec-7-csr-265-8.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-8.030}

PURPOSE: This rule prescribes the standards for clearing visual obstructions at public grade crossings.

(1) It shall be the duty of every corporation, company, or person owning or operating any railroad or branch of a railroad in this state to maintain the railroad right-of-way at public grade crossings so that it will be reasonably clear of vegetation, undergrowth, or other debris for a distance of two hundred fifty feet (250') each way from the crossings where those things would materially obscure approaching trains from the view of travelers on the highway.

(2) Railroads operating within Missouri are required to maintain certain minimum distances from the near edge railroad crossings to railroad rolling stock stored on sidings.

Stored rolling stock as used in this rule means rolling stock not used for the pickup or delivery of freight and whose placement on a railroad-owned siding by a railroad is for the sole convenience of the railroad. The minimum distance for the storage of railroad rolling stock shall be two hundred fifty feet (250') unless the division determines a lesser or greater distance is necessary at a particular location and permits or orders a railroad to maintain the lesser or greater distance. If physical conditions require the use of a track temporarily or minimum distances cannot be obtained, then the provisions of this section shall not apply to— (A) Cars placed for loading or unloading or awaiting removal after loading or unloading; and (B) Bad order cars set out from trains.

(3) The provisions of this section do not apply to rolling stock stored on yard tracks unless the division orders otherwise. filed as 4 CSR 265-8.030. Emergency rule filed June 14, 1985, Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed May 2, 1991, effective Dec. 9, 1991. Moved and amended: Filed March 9, 2018,

7 CSR 265-8.032 Temporary Closing of a Public Grade Crossing {#sec-7-csr-265-8.032 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-8.032}

PURPOSE: This rule prescribes a notice requirement with reference to temporary closures of public crossings during maintenance and reconstruction.

(1) Whenever a public grade crossing is closed for the purpose of maintaining or reconstructing the crossing surface or track structure, the railroad shall notify the proper road authority and the local law enforcement agency not less than seventytwo (72) hours in advance, except in emergency.

(2) When closing a grade crossing, the railroad shall conform to the requirements for signing, work protection, and detours outlined in the Manual on Uniform Traffic Control Devices for Streets and Highways (2009 Edition including Revisions 1 and 2), which is incorporated by reference and made a part of this rule as published by the Federal Highway Administration, United States Department of Transportation, 400 7th Street SW, Room 3408, Washington, DC 20590, website: https://mutcd.fhwa.dot. gov/pdfs/2009r1r2/mutcd2009r1r2edition.pdf. This rule does not incorporate any subsequent amendments or additions of this manual. filed as 4 CSR 265-8.032. Original rule filed May 2, 1991, effective Nov. 30, 1991. Amended: Filed June 22, 1998, effective Feb. 28, 1999.

Amended: Filed Sept. 8, 2023, effective April 30, 2024.

7 CSR 265-8.040 Transportation of Employees {#sec-7-csr-265-8.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-8.040}

PURPOSE: This rule prescribes minimum standards for the safe transportation of railroad employees to and from their places of work and during the course of the work day.

(1) This rule applies to every motor vehicle which is designed primarily for highway use and which is used to transport employees, whether or not used on a public highway, including motor vehicles regularly assigned to a gang or crew with headquarters or assembly point within Missouri and including motor vehicles headquartered elsewhere but frequently used in Missouri. This rule does not apply to taxicabs or other vehicles licensed by a competent authority to transport the public and used by a railroad to transport its employees. All owners of the motor vehicles, and their duly appointed agents, and the drivers of the vehicles shall abide by all safety orders issued to them by the division. It is recognized that this rule cannot cover all contingencies, thus the division in a particular case, after notice, may modify or grant exceptions to any of its provisions where their effect is unduly burdensome, or may prescribe higher standards than these prescribed where the higher standards are necessary for the safety of employees.

In time of emergency, vehicles not complying with this rule may be used. An emergency exists when rail traffic has been stopped or disrupted (or where there is a threat of stoppage or disruption) because of derailment, accident, storm, fire, flood, or other similar condition. Winter weather requiring the removal of snow and ice from flange ways and switches or station platforms is not considered an emergency.

(2) The following words and phrases as used in this rule mean:

(A) Division—the Multimodal Operations Division within the Missouri Department of Transportation;

(B) Employee—an individual employed for any period in any work for which s/he is compensated, whether full- or parttime, whose regular course of employment is related to the maintenance or construction of the railroad physical property or to the operation of trains;

(C) Employer—a common carrier by rail who employs one (1) or more employees;

(D) Heating facilities—hot water radiator type system or any other generally acceptable form of heating which does not emit nauseous fumes or gases in the vehicle;

(E) Material—all items that can be lawfully transported by motor vehicles and used in construction and maintenance;

(F) Motor vehicle—any vehicle which is self-propelled and designed primarily for highway use, and which may be equipped with retractable flange wheels for operation on railroad tracks;

(G) Owner—any person holding legal title to, or having lawful use of the motor vehicle through contract, lease, or otherwise;

(H) Place of employment—all locations where one (1) or more employees are performing the work incident to their employment;

(I) Rear compartment—a crew cab, which may be a continuation of the driver’s cab providing additional seating capacity or an auxiliary cab located directly behind the driver’s cab. Canvas-covered truck beds or shelters built of wood, plywood, or light-gauge metal on the bed of a truck are not considered a rear compartment;

(J) Seating facilities—seats provided for workers other than the driver; and (K) Tools—hand and power tools or machines recognized as the type to be used by the craft to which the motor vehicle is assigned.

(3) Vehicle rear compartments for the transportation of employees may be either a continuation cab or an auxiliary cab.

(A) A continuation cab— 1. Is designed and furnished by the motor vehicle manufacturer as a continuation of the driver’s cab and of equal strength, all welded construction with box section beams throughout; and 2. Does not require a communication system between the rear compartment and driver.

(B) An auxiliary cab— 1. Is a rear compartment separated from the driver’s cab, of metal construction (including top), welded or riveted, with interior lining, equipped with adequate padded seats and back rests firmly secured in place;

2. Is fastened directly to the frame of the motor vehicle and not to the surface of the bed of the vehicle;

3. Is equipped with steps and hand holds when necessary; and 4. Is equipped with a communication system between the auxiliary cab and the driver including, but not limited to: a light mounted on the instrument panel, an audible device operated by the employees riding in the rear compartment, or an intercommunication system for actual voice contact.

Communication systems are to be kept in good working condition at all times.

(C) Both continuation and auxiliary cabs are to be equipped with— 1. A heating system for cold weather and a ventilation system for hot weather, providing heat and ventilation substantially equal to that provided for the driver;

2. Exhaust systems so designed as to prevent exhaust fumes from entering the rear compartment;

3. Heavy duty hinge-type doors equipped with automotivetype safety latches;

4. Windows with safety glass per Chapter 307, RSMo;

5. At least one (1) window of the knockout type and of sufficient size to provide emergency exits for the employees in those compartments equipped with only one (1) door; and 6. Adequate seating capacity for the number of employees carried.

(4) All vehicles subject to this rule are to be— (A) Kept in good repair and safe operating condition at all times and unsafe vehicles not used to transport employees; and (B) Regularly inspected and tested and compartments for employees kept in a clean and sanitary condition.

(5) The following safety measures apply to vehicles used to transport employees:

(A) The compartments used for transporting employees are separate from space used to transport tools, material, and equipment for the employees;

(B) An adequate first-aid kit suitable for the number of employees transported is equipped and accessible;

(C) Either a two- (2-) pound dry chemical-type or a four- (4-) pound carbon dioxide-type fire extinguisher approved by the Underwriters’ Laboratories, Inc. (UL) is furnished and accessible;

(D) Flatbed trucks used in the transportation of employees are equipped with a suitable front-end gate to prevent materials from shifting against the cab or rear compartment;

(E) Only authorized, experienced, competent, qualified, and licensed drivers per Chapter 302, RSMo, not less than eighteen (18) years of age, are permitted to operate the vehicles;

(F) The signals used on a communication system are understood by both driver and employees in a vehicle where the driver’s compartment is separate from the compartment used to transport employees;

(G) Not loaded and operated, either: in excess of its safe carrying capacity or its licensed capacity for use on public streets or highways; or if the load is so distributed or so inadequately secured as to prevent safe operation;

(H) Not driven when anything in, on, or attached to the vehicle obscures the driver’s view ahead or to either side, interferes with the free movement of the driver’s arms or legs, prevents the driver’s free and ready access to the vehicle controls and emergency equipment, or prevents the free and ready exit of any person from the vehicle;

(I) Operated in compliance with all motor vehicle laws of Missouri;

(J) Not used to haul explosives, except flagging equipment;

(K) Gasoline and other low flash-point liquids are not hauled except when in UL-approved safety containers carried in a safe, suitable location outside the passenger compartment that will not block exits from the vehicle and firmly secured to prevent shifting;

(L) Occupants do not ride with any part of their bodies extending out over the side of the vehicle;

(M) Personal equipment which might injure a fellow employee is removed before entering and while any vehicle is in operation; and (N) Any hazardous condition or defect of a motor vehicle or unsafe practice of the driver or employees riding in vehicles used to transport employees is reported to the employer or supervisor as soon as possible by any employee having knowledge of the conditions. filed as 4 CSR 265-8.040. Emergency rule filed June 14, 1985,

7 CSR 265-8.060 Structural Clearances {#sec-7-csr-265-8.060 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-8.060}

PURPOSE: This rule prescribes the vertical and horizontal clearances of all structures constructed across or adjacent to railroad or street railway tracts.

(1) Effective March 15, 1951 no railway or railroad corporation, county, municipality, township, or other corporation, firm, or person shall erect or cause to be erected any passenger or freight station platforms, or any permanent structure over or contiguous to any railroad track(s), switch, or siding, such as shop buildings, coal bins, manufacturing or industrial buildings, or any other structure whatsoever, so that the vertical and horizontal clearances are less than the prescribed minimum contained in this rule, unless permission is received from the division for variance.

(2) Bridges, viaducts, tunnels, overhead roadways, footbridges, or other structures hereafter built over the track(s) of a railroad(s) by a county, municipality, township, railroad company, or other corporation, firm, or person shall be not less than twentytwo feet (22') in the clear from the top of the rails of the track(s) to the bottom of the lowest sill, girder, or crossbeam or other structure and the lowest downward projection of the bridges, viaduct, tunnel, overhead roadway, or footbridge. No through truss bridge shall be constructed in any track, nor shall any bridge or other structure be constructed, across or adjacent to any track having a vertical clearance less than twenty-two feet (22') above the top of rail for a lateral distance of four feet (4') from the center line of track. From a point of four feet (4') horizontally distant from the center line of track and twentytwo feet (22') above the top of rail, the clearance lines may extend downward at an angle to points which are eight feet (8') distant on each side of the center line of track and sixteen feet (16') above the top of rail.

(3) The following horizontal clearance applies to all steam and diesel railroads:

(A) No bridge shall be constructed having a horizontal clearance of less than eight feet (8') from the center line of track at a point four feet (4') vertically distant from the top of rail. From a point eight feet (8') horizontally distant from the center line of track and four feet (4') vertically distant from the top of rail, the clearance lines may extend at an angle to a point five feet (5') horizontally distant from the center line of track at the level of the top of rail;

(B) Except as provided in this rule, no track may be constructed adjacent to any building or structure nor shall any signal post, switch stand, building, or any other structure be constructed adjacent to any track which has a horizontal clearance of less than eight feet six inches (8'6") from the center of track, measured at right angles, it being understood that the horizontal clearance of eight feet six inches (8'6") shall be maintained to a point sixteen feet (16') above the level of the top of rail, provided that the clearance line for structures other than buildings, retainers, guards, and low platforms may extend from a point four feet (4') above the top of rail, downward at an angle to a point five feet six inches (5'6") distant from the center line of track at a point which is level with the top of rail;

(C) Engine terminal and shop structures such as engine houses, engine and car repair shops, cinder conveyors, and turntables may be constructed with horizontal clearances of not less than six feet (6') from the center of terminal or shop tracks adjoining or entering them, provided that in every such case warning signs are erected at a suitable location at each end of the structures calling the trainmen’s attention to insufficient clearance. The clearance requirements of this rule do not apply to working platforms and working structures inside of engine houses and repair shops;

(D) Platforms for loading and unloading of freight, including livestock, the tops of which are approximately level with the floor of freight cars, may be constructed adjacent to one (1) side only of freight tracks which are not in open thoroughfare, at a distance less than eight feet six inches (8'6") from the center of track, but not less than five feet nine inches (5'9") from the center. In every such case, warning signs shall be erected at a suitable location at each end of the platform, directing the trainmen’s attention to insufficient clearance and prohibiting them from riding on the sides of cars while in motion;

(E) Passenger loading platforms, the tops of which are level with the platforms of passenger cars, may be constructed next to tracks which are given up wholly to passenger service at a distance less than eight feet six inches (8'6") from the center line of tracks, provided the passenger coaches are equipped with platform gates and kept closed while the train is in motion. Passenger loading platforms which do not exceed a height of four inches (4") above the top of rail may be constructed a distance of not less than four feet six inches (4'6") from the center line of track and platforms which do not exceed a height of eight inches (8") above the top of rail may be constructed a distance not less than five feet one inch (5'1") from the center line of track;

(F) Loose materials, such as coal, sand, scrap iron, and the like, may not be stored or piled adjacent to a railroad track with a horizontal clearance at any point less than eight feet six inches (8'6") from the center of track, measured at right angle to, except as provided in this rule. A guard or retainer to hold the loose materials may be constructed with a horizontal clearance of not less than eight feet six inches (8'6") from the center line of track, measured at a right angle to the center. The horizontal clearance of eight feet six inches (8'6") shall be maintained to a retainer or guard height of sixteen feet (16') above the level of the top of rail. Along a freight track not in open thoroughfare, a retainer or guard, the top of which is approximately level with the floor of freight cars, may be constructed adjacent to but one (1) side of the track with a horizontal clearance of less than eight feet six inches (8'6") but not less than five feet nine inches (5'9") to the center line of track, measured at a right angle to the center, provided that in every such case warning signs shall be erected at a suitable location at each end of the retainer or guard directing the trainmen’s attention to the insufficient clearance and prohibiting trainmen from riding the sides of cars while in motion. No individual, partnership, association, or corporation may store or pile loose material adjacent to a railroad track unless a retainer or guard with the clearances prescribed is erected, or unless, immediately after the piling of this material all such material not providing a clearance of eight feet six inches (8'6") to the center line of adjacent railroad tracks is removed. Retainers or guards constructed to hold the loose materials shall not have a horizontal clearance less than the prescribed minimum in this subsection, unless permission has been received from the division to vary. This subsection does not apply to individuals, partnerships, corporations, trustees, or receivers owning or operating a railroad while engaged in the construction, maintenance, or repair of a railroad track or other structure;

(G) No railroad track unless specifically authorized by the division, shall be constructed after July 1, 1985 so that the center line of track is less than fourteen feet (14') from the center line of an adjacent track and no ladder track shall be constructed so that the center line of the ladder track is less than nineteen feet (19') from the center line of an adjacent ladder track or less than seventeen feet (17') from the center line of any other track. Any system of three (3) or more tracks at freight houses, warehouses, wharves, or similar structures, used exclusively for handling freight to or from platforms located on one (1) or both sides, may have track center distances of thirteen feet (13'), provided that at least two (2) tracks in one (1) such system shall have centers not less than thirteen feet six inches (13'6") provided that no track having track center distances of less than fourteen feet (14') shall be used as a thoroughfare track.

The distance between tracks may be diminished to the extent necessary for the construction of crossings, crossovers, gauntlet tracks, turnouts, switches, or radial tracks. The provisions requiring fourteen feet (14') distances between track centers do not apply to the construction of tracks under viaducts or other overpasses which originally were designed to accommodate an additional track(s) at distances of less than fourteen feet (14') between track centers, if under that design the additional track(s) cannot be constructed with a distance between track centers of fourteen feet (14'). Permission to construct tracks with less clearance may be granted by the division if, after a thorough investigation in any particular case, it is determined that the construction would not create a condition unduly hazardous to railroad employees or other persons;

(H) At locations where low switch stands and dwarf signals are placed between tracks having track center distances of fourteen feet (14') or less, the horizontal clearance rule contained in subsection (2)(A) applies; and (I) The horizontal clearances specified do not apply to automatic train stop wayside inductors provided the inductor does not extend more than three inches (3") above the level of the top of rail and is not less than four feet two inches (4'2") from the center of track.

(4) The following horizontal clearances apply to all electric and street railroads:

(A) Except as provided in this rule, no track shall be constructed adjacent to any building or structure, nor shall any signal post, switch stand, building, or other structure be constructed adjacent to any track which has a horizontal clearance of less than seven feet six inches (7'6") from the center of track measured at right angles to the center, it being understood that the horizontal clearance of seven feet six inches (7'6") shall be maintained, in respect to buildings, to a point on the vertical clearance line, as previously established.

The clearance line for structures other than buildings and low platforms may extend from a point two feet eight inches (2'8") above the level of the top of rail, downward at an angle to a point five feet six inches (5'6") distant from the center line of track at a point level with the top of rail;

(B) Platforms for loading and unloading of freight and express matter into or from cars of the passenger or express type, the tops of which are approximately level with the floors of the cars may be constructed adjacent to only one (1) side of a track which is not in open thoroughfare at a distance less than seven feet six inches (7'6") from the center of track. When these platforms are constructed with a clearance less than seven feet six inches (7'6"), the horizontal clearances shall not be less than four feet nine inches (4'9"), provided that in every such case warning signs are erected at a suitable location at each end of the platform, calling trainmen’s attention to insufficient clearance and prohibiting them from riding on the sides of cars while in motion;

(C) Passenger loading platforms, the tops of which are level with the platforms of passenger cars, may be constructed adjacent to tracks at a distance less than seven feet six inches (7'6") from the center line of the tracks provided the passenger coaches are equipped with platform gates and kept closed while the train is in motion. Passenger loading platforms which do not exceed a height of four inches (4") above the top of rail may be constructed at a distance of not less than four feet six inches (4'6") from the center line of track; and platforms which do not exceed height of eight inches (8") above the top of rail, may be constructed a distance of not less than five feet one inch (5'1") from the center line of track;

(D) Canopies at passenger stations and terminals may be erected, the edges of which have a clearance less than seven feet six inches (7'6") from the center of track, provided the lowest projection of the canopy is not less than eleven feet four inches (11'4") above the top of rail;

(E) Third rail conductors placed preferably between tracks where there is more than one (1) track shall be maintained at a distance which does not exceed one foot eight and one-half inches (1' 8 1/2") measured from gauge of main track to the center of the third rail conductor. The height of the conductor shall not exceed six and one-half inches (6 1/2") above the top of rail;

(F) In case of roads using passenger cars greater or less than nine feet (9') in width, a corresponding change in the specified horizontal clearances shall be used, it being understood that points five feet six inches (5'6") distant from the center of track and level with the top of rail are fixed;

(G) In city streets where the clearances between main tracks are such that the distance between the sides of passing cars is less than three feet (3'), the windows of all cars shall be equipped with bars, screens, or other suitable protective devices and all vestibule doors kept closed when cars are in motion; and (H) In case of roads using cars greater or less than nine feet (9') in width, a corresponding change shall be made in the horizontal clearance specified in this rule, provided that the specified clearance of three feet (3') between cars is not varied.

(5) In all cases, the horizontal clearance that is specified relates to tracks on tangents or on slight curves. Where the curvature is six degrees (6°) or more, the horizontal clearance must be sufficiently increased to secure the minimum allowance provided for under this rule. Unless the type of equipment to be operated on a track would indicate otherwise, horizontal clearances for structures should be increased three inches (3") for a curvature of six degrees (6°) and should be increased an additional one-half inch (1/2") for each additional degree of curve; and track centers should be increased four and one-half inches (4 1/2") for a curvature of six degrees (6°) and should be increased an additional three-fourths inch (3/4") for each additional degree of curve. All horizontal clearances should be measured along lines parallel to the plane formed by the top of the rails and from a center line perpendicular to that plane, in order to take into consideration the effect of any rail superelevation.

(6) All wire, cable conductors, trolley wires, guards, guys, and other apparatus or fixtures used in connection when located upon, along, or across the property, or right-of-way of any railroad or railway system shall be constructed in conformance with the rules contained in the National Electrical Safety Code (2012 Edition), incorporated herein by reference and made a part of this rule as published by the Institute of Electrical and Electronics Engineers, Inc., 445 Hoes Lane, Piscataway, NJ 08854-4141. This rule does not incorporate any subsequent amendments or additions of this code. filed as 4 CSR 265-8.060. Emergency rule filed June 14, 1985,

7 CSR 265-8.071 Grade Crossing Safety Account {#sec-7-csr-265-8.071 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-8.071}

PURPOSE: This rule prescribes regulations for the use of the Grade Crossing Safety Account created by section 1 of Senate Bill No. 765, 86th General Assembly, 2nd Regular Session (effective August 28, 1992).

(1) In the division’s determination of the costs to be apportioned to the state, county, municipality, or other public authority in interest for the installation, construction, or reconstruction of automatic signals or other safety devices or other safety improvements at crossings of railroads and public roads, streets, or highways, which the division orders to be paid out of the grade crossing safety account (account) pursuant to section 389.610, RSMo, the division will compute those costs in accordance with Title 23, Code of Federal Regulations (CFR), Part 140, Subpart I and 23 CFR Part 646, Subpart B, which is incorporated by reference and made a part of this

rule as published October 1, 2016 by the Federal Highway additions of this rule.

(2) When the division considers making payments from the account for safety devices or other safety improvements at railroad and highway crossings, the division staff may consider the following information:

(A) The costs of the proposed installation, construction, or reconstruction of the automatic signals or other safety devices or other safety improvements;

(B) Whether any part of those costs can be paid from funds available under any federal program or federal-aid highway act;

(C) The location of the crossing in question;

(D) The amount of funds in the account and whether the expected expenditure called for will exceed the funds in the fiscal year in which the expenditure is to be made;

(E) The approximate time for completion of the proposed installation, construction, or reconstruction, the approximate date for a payout of the funds, and the legal entity entitled to be reimbursed; and (F) Whether or not interim payments should be made; and if so, the amount and conditions upon which those interim payments should be paid out.

(3) The party responsible for the installation, construction, or reconstruction project shall notify the division immediately upon project completion and eight (8) months after completion, furnish a written report to the division on the costs actually involved. Division staff may inspect the project to determine if it has been completed in accordance with the division’s order authorizing the work, review the reported costs, and complete a report on the results of their review. Promptly after that, the division may issue its final payment request authorizing the state treasurer to pay out of the account, to the person or entity entitled, the amount determined by the division to be due and payable, including progress payments. filed as 4 CSR 265-8.071. Original rule filed Nov. 4, 1992, effective July 8, 1993. Moved and amended: Filed March 9, 2018, effective Oct. 30, 2018.

7 CSR 265-8.080 Railroad-Highway Grade Crossing Warning Systems {#sec-7-csr-265-8.080 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-8.080}

PURPOSE: This rule prescribes the standards to be followed in the installation, maintenance, inspection, and testing of all railroadhighway grade crossing warning systems in Missouri, and in reporting and responding to malfunctions of those systems.

(1) The division incorporates by reference in this rule Part 8 of the Manual on Uniform Traffic Control Devices for Streets and Highways (2009 Edition including Revisions 1 and 2), which is incorporated by reference and made a part of this rule as published by the Federal Highway Administration, United States Department of Transportation, 400 7th Street SW, Room 3408, Washington, DC 20590, website: https://mutcd.fhwa.dot. gov/pdfs/2009r1r2/mutcd2009r1r2edition.pdf. This rule does not incorporate any subsequent amendments or additions of this manual. Part 8, entitled “Traffic Control for Railroad and Light Rail Transit Grade Crossings,” establishes standards for the design, installation, and operation of grade crossing warning devices. Unless a specific variance is granted by the division, the standards in Part 8 must be applied in the installation of all grade crossing warning systems in Missouri, except that only twelve- (12-) inch diameter lenses shall be used on flashing light signal units.

(2) Whenever one (1) or more adjacent tracks (but fewer than all tracks), are physically removed from a grade crossing, or physically removed, except through a grade crossing, then the railroad(s) responsible for maintaining the grade crossing shall relocate the warning devices to a clearance of not less than twelve feet (12') nor more than twenty feet (20') from the center line of the nearest remaining track within one hundred twenty (120) days after the date of actual removal of the track, unless otherwise ordered by the division.

(3) The provisions governing the safety of highway-rail grade crossing signal systems published in Title 49, Code of Federal Regulations, Part 234, but not including Appendix A – Schedule of Penalties, are incorporated by reference and made a part of this rule as published October 1, 2016 by the Federal Railroad additions of this rule. as 4 CSR 265-8.080. Emergency rule filed June 14, 1985, effective effective Oct. 29, 1985. Rescinded and readopted: Filed April 16, 1986, effective June 30, 1986. Amended: Filed Jan. 5, 1989, effective April 27, 1989. Amended: Filed May 2, 1991, effective Dec. 9, 1991.

Amended: Filed June 22, 1998, effective Feb. 28, 1999. Moved and amended: Filed March 9, 2018, effective Oct. 30, 2018. Amended:

Filed Sept. 8, 2023, effective April 30, 2024.

7 CSR 265-8.092 Railroad Reports {#sec-7-csr-265-8.092 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-8.092}

PURPOSE: This rule requires the notification by railroads operating within the state to file with the division certain traffic statistics for use as planning information in railroad safety studies.

(1) All railroads operating within the state shall file with the division, within the time prescribed, each of the following documents:

(A) Two (2) copies of their operating timetable not later than ten (10) days after the effective date of each issue; and (B) Annually, on or before April 30 of each year, one (1)

Average Daily Railroad Traffic Within Missouri report for each line segment operated in the state, to be submitted on the form published February 29, 2016 by the Missouri Department of Transportation, 105 W. Capitol Ave., Jefferson City, MO 65101, which is incorporated by reference and made a part of this rule.

This rule does not incorporate any subsequent amendments or additions of this form.

(2) All Class I railroads operating in Missouri shall annually complete the forms listed in subsections (A)–(E) of section (2) of this rule and file the completed forms with the division on or before April 30th of each year. The forms are incorporated by reference and made a part of this rule as such forms were published on February 29, 2016 by the Missouri Department of Transportation, 105 W. Capitol Ave., Jefferson City, MO 65101.

This rule does not incorporate any subsequent amendments or additions of these forms:

(A) SC 210—Railway Operating Revenues Earned Within the State;

(B) SC 702—Mileage Operated at Close of Year—Within the State;

(C) Summary Statement of Track Mileage Within The State and of Titles Thereto at Close of Year;

(D) SC 931—Statistics of Rail-Line Operations—Within the State; and (E) SC 941—Revenue Freight Carried During the Year— Within the State.

(3) All other railroads operating in Missouri are required to complete and annually file with the division on or before April 30th only the forms listed in subsections (A)–(C) of section (2) of this rule. filed as 4 CSR 265-8.092. Original rule filed May 2, 1991, effective Dec. 9, 1991. Moved and amended: Filed March 9, 2018, effective Oct. 30, 2018.

7 CSR 265-8.100 Track and Railroad Workplace Safety Standards {#sec-7-csr-265-8.100 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-8.100}

PURPOSE: This rule prescribes the minimum safety standards for track and roadbed inspections, and prescribes railroad worker safety standards, for all railroad common carriers operating within Missouri.

(1) The division incorporates by reference in this rule the minimum safety standards for track and roadbed inspections for common carriers by rail, as adopted by the Federal Railroad Administration and published in Title 49, Code of Federal Regulations, Part 213, except that the division does not incorporate by reference any of the provisions of 49 CFR section 213.15—Civil penalty, or Appendix B to part 213—Schedule of Civil Penalties, or any other provision conflicting with applicable Missouri law. The aforementioned standards in Title 49, Code of Federal Regulations, Part 213, are incorporated by reference and made a part of this rule as published October 1, 2016 by the Federal Railroad Administration, United States subsequent amendments or additions of this rule.

(2) The division incorporates by reference in this rule the requirements governing the safety of railroad employees in the workplace as adopted by the Federal Railroad Administration and published in Title 49, Code of Federal Regulations, Part 214, except that the division does not incorporate by reference any of the provisions of Appendix A to part 214—Schedule of Civil Penalties, or any other provision conflicting with applicable Missouri law. The aforementioned standards in Title 49, Code of Federal Regulations, Part 214, are incorporated 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. filed as 4 CSR 265-8.100. Emergency rule filed June 14, 1985, Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed June 22, 1998, effective Feb. 28, 1999. Moved and amended: Filed March 9, 2018,

7 CSR 265-8.110 Walkway Safety Standards at Industrial Tracks {#sec-7-csr-265-8.110 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-8.110}

PURPOSE: This rule prescribes the minimum safety standards for the construction, reconstruction, and maintenance of walkways adjacent to railroad industrial trackage within Missouri.

(1) For purposes of this rule, industrial railroad trackage means that trackage owned, leased, or used by any person, firm, or corporation, other than a railroad as defined by

section 386.020, RSMo, which connects with the tracks of a railroad and on which a railroad switches or operates cars or locomotives within Missouri.

(2) Except in cases in which the division finds that construction or reconstruction is impracticable, unnecessary, or where existing structures or tracks prevent construction, walkways shall be constructed along each side of industrial railroad trackage a minimum of eight feet, six inches (8'6") from the center of track measured at right angles to the center.

Walkways shall be reasonably level with the top of the railroad ties and beginning at the end of the railroad ties, not exceed a drop of two inches (2") per foot to provide drainage and a surface reasonably level on which to walk as well as permit the safe performance of trackside duties, taking into consideration existing structures and tracks.

(3) Walkways along industrial railroad trackage shall be constructed of and maintained with materials that conform to the specifications of the railroad corporation which switches or operates cars or locomotives on and over the trackage; if no specifications are available, walkways shall be constructed of suitable chat or fines not to exceed one inch (1") in diameter.

(4) Walkways along industrial railroad trackage as well as the area between the rails shall be kept free of vegetation or debris that would interfere with the performance by railroad employees of normal trackside duties.

(5) Each drainage or other water-carrying facility, under or immediately adjacent to the roadbed, must be maintained and kept free of obstruction in order to accommodate expected water flow for the concerned area. filed as 4 CSR 265-8.110. Emergency rule filed June 14, 1985,

7 CSR 265-8.130 Grade Crossing Construction and Maintenance {#sec-7-csr-265-8.130 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-8.130}

PURPOSE: This rule implements the provisions of section 389.610, RSMo, which authorizes the division to make reasonable rules pertaining to the construction and maintenance of all public grade crossings.

(1) Every crossing shall be constructed of materials that will provide a ride quality compatible with that of adjacent roadway surfaces (except that crossings of unconsolidated or asphalt material shall have installed headers of equal height to the top of rails installed on both sides of both rails).

(A) The crossing on paved roads shall be the same width as the approaching roadway including drivable shoulders plus two feet (2') on each side. On gravel roads, the crossing shall be the same width as the traveled way, which is the width of the crossing as it existed on April 27, 1989 but not less than sixteen feet (16').

(B) If practicable, the roadway alignment should intersect the railroad track at or nearly at right angles. The roadway surface shall be in the same plane as the top of rails for a distance of two feet (2') outside of rails for either multiple or single track crossings. The top of the rail plane shall be connected with the grade line of the roadway each way by vertical curves of the length required to provide riding conditions and sight distances normally applied to the roadway. It is desirable that the roadway surface be not more than three inches (3") higher nor six inches (6") lower than the top of the nearest rail at a point thirty feet (30') from the rail, measured at a right angle, unless track superelevation dictates otherwise. Where crossings involve two (2) or more tracks, the top of rails for all tracks shall be brought to the same plane where practicable.

(C) Width of roadway at a highway-railway grade crossing should correspond to that of the adjoining highway and have the same number and width of traffic lanes as the adjoining highway without extra lanes and with center turn lanes at the crossing delineated. At all paved approaches to the highway-railway grade crossing, the highway traffic lanes in the vicinity of the crossing should be distinctly marked in accordance with the recommendations of the Manual on Uniform Traffic Control Devices for Streets and Highways (2009 Edition including Revisions 1 and 2), which is incorporated by reference and made a part of this rule as published by the Federal Highway Administration, United States Department of Transportation, 400 7th Street SW, Room 3408, Washington, DC 20590, website: https://mutcd.fhwa.dot.gov/pdfs/2009r1r2/ mutcd2009r1r2edition.pdf. This rule does not incorporate any subsequent amendments or additions of this manual. These markings are the responsibility of the public authorities.

(D) Part 8 of the American Railway Engineering and Maintenance of Way Association’s Guidelines for the Design, Construction or Reconstruction of Highway-Railway At-Grade Crossings (2013 edition), is incorporated by reference and made a part of this rule as published by the American Railway Engineering and Maintenance of Way Association, 4501 Forbes Blvd. Suite 130, Lanham-Seabrook, MD 20706. This rule does not incorporate any subsequent amendments or additions of these guidelines. These guidelines are recommended practices for the construction and reconstruction of highway-railway grade crossings, if practicable.

(2) Unless otherwise ordered by the division or by agreement, the railroad corporation shall maintain the road surface over the length of ties and between tracks where adjacent track centers are less than fifteen feet (15').

(A) Unless otherwise ordered by the division, when a railroad corporation makes a track raise within a grade crossing, the runoff along the roadway shall be maintained at not more than two inches (2") in the first ten feet (10') outside the end of ties, not more than six inches (6") in the next ten feet (10') and the remaining run-off shall be brought to the same elevation of the existing grade within an additional ten feet (10') along the roadway.

(B) When a highway authority raises the road surface along an approach to a crossing, the run-off along the roadway shall be not more than two inches (2") in the first ten feet (10') outside the end of ties with the remainder in the next ten feet (10').

(C) Unless otherwise ordered by the division or by agreement, the railroad shall maintain a crosswalk of equal width as the approaching sidewalk over the length of ties and between tracks where adjacent track centers are less than fifteen feet (15') apart. The railroad shall use a durable contrasting material between the ends of ties when the approaching sidewalk is constructed of a hard surface material. Any durable material compatible with the material used on the sidewalk may be used on the crosswalk between the adjacent tracks. filed as 4 CSR 265-8.130. Original rule filed Jan. 5, 1989, effective April 27, 1989. Amended: Filed May 2, 1991, effective Dec. 9, 1991.

Amended: Filed Sept. 8, 2023, effective April 30, 2024.

7 CSR 265-8.140 First-Aid Kits {#sec-7-csr-265-8.140 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-8.140}

PURPOSE: This rule implements the provisions of section 389.920, RSMo, which authorizes the division to prescribe requirements for first-aid kits to be provided and maintained on certain railroad equipment by owners and operators of railroads in this state.

Every railroad shall provide and maintain a commercially prepared first-aid kit in a plainly marked accessible location on all passenger train cars, cabooses, each locomotive unit capable of independent operation and all motorized on-track work equipment used in railroad operations which weigh in excess of four hundred pounds (400 lbs.). A conforming first-aid kit may be assigned to the custody of a designated member of the train or work crew required to work on the equipment when the equipment is in use. The chief medical officer for each railroad shall determine the contents and the size of the kit to conform to the type of job and the specific treatment which may be needed. In addition, the kit shall adequately serve the usual number of employees needed to be treated by the kit at that location.

History

• AUTHORITY: sections 389.920 and 622.027, RSMo 2016. This rule originally filed as 4 CSR 265-8.140. Original rule filed Jan. 5, 1989, effective April 27, 1989. Moved and amended: Filed March 9, 2018, Original authority: 389.920, RSMo 1939, amended 1988 and 622.027, RSMo 1985, amended 1993, 1995.

7 CSR 265-8.300 Railroad Safety Applications (Other Than Railroad-Highway Crossings) {#sec-7-csr-265-8.300 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-8.300}

PURPOSE: This rule prescribes the required form and content for applications regarding railroad safety matters other than those involving railroad-highway crossings.

(1) Except as otherwise provided under 7 CSR 265-8.320, persons other than division staff filing applications for a commission order relating to railroad safety matters shall file a completed application with the director of the division, in accordance with this section that includes at least the following information:

(A) The identity, address, and telephone number of the applicant;

(B) The identity, address, and, if known, the telephone number of all known parties in interest, for example, the railroads, funding authorities, shippers, labor unions, or other persons or groups affected by the proposed relief requested from the division;

(C) Location and description of the existing tracks, switches, yards, or other facilities to be affected by the proposed safety improvement or relief and the circumstances presently existing there;

(D) Description of the proposed improvements or other specific relief including detailed plans and specifications, if applicable;

(E) Estimated costs of the proposed improvement or resulting from the proposed relief;

(F) Any executed agreement or similar document between the parties regarding who should perform the proposed work, if any, and who should pay the costs of the proposed improvements or resulting from the proposed relief, and in what proportions;

(G) Estimated time for completion of the proposed improvements or implementation of the proposed relief;

(H) Detailed statement as to why the proposed improvement should be approved or the proposed relief granted;

(I) Statement of whether the applicant and interested parties waive a hearing, and will submit the case to the division for a decision;

(J) Date and signature of the applicant or the applicant’s authorized representative; and (K) Verification under penalty of perjury.

(2) The application is to be decided under one (1) of the following methods:

(A) The division director decides and issues an order on behalf of the commission based on the application and all other documents filed in those cases in which all parties to the application have waived a hearing in writing; or (B) The division director refers the application to the Administration Hearing Commission per Chapter 621, RSMo, if all parties have not waived a hearing in writing or a hearing on the application is required by law. as 4 CSR 265-2.300. Original rule filed Nov. 4, 1992, effective July 8, 1993. Moved and amended: Filed March 9, 2018, effective Oct. 30, 2018. Amended: Filed Sept. 8, 2023, effective April 30, 2024.

7 CSR 265-8.320 Railroad-Highway Crossing Applications {#sec-7-csr-265-8.320 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-8.320}

PURPOSE: This rule prescribes the required form and content for applications regarding railroad-highway crossings, at grade or otherwise.

(1) Persons other than division staff filing applications for a commission order relating to the location, construction, installation, operation, maintenance, apportionment of expenses, use, warning devices, alteration, relocation, reconstruction, separation of grades, abolishment, or closure of a railroad-highway crossing, at grade or otherwise, shall file an application with the director of the division in accordance with this section that includes at least the following information:

(A) The identity, address, and telephone number of the applicant;

(B) The identity, address, and, if known, the telephone number of every party in interest, including, if applicable, the railroad(s) owning and operating over the tracks at the crossing, the entity(ies) maintaining each highway at the crossing and other entities participating in the funding of the proposed construction, safety improvements, or other relief requested from the division;

(C) The location and description of each highway at each crossing affected by the application, including, whenever applicable:

1. Name of highway;

2. Highway classification and number;

3. United States Department of Transportation (USDOT) crossing inventory number;

4. City;

5. County;

6. Number and direction of traffic lanes;

7. Width of highway at crossings;

8. The entity that maintains the highway on each side of the railroad tracks;

9. Type of highway surface;

10. Type of highway traffic and average annual daily traffic, if known;

11. Highway speed limit;

(D) The location and description of each railroad at each crossing affected by the application, including, whenever applicable— 1. Name of railroad corporation which owns the track;

2. Division;

3. Subdivision;

4. Milepost;

5. Number and types of track;

6. Width of railroad and railroad right-of-way at the crossing;

7. Names of all other railroads operating over the crossing;

8. Number and type of train movements over the crossing (daily, if known);

9. Maximum train speed;

10. Location and description of any obstructions to motorists’ view of approaching trains;

(E) The number and date of each accident at the crossing involving trains and highway users, and the number of persons injured and killed in each accident;

(F) Any executed agreement or similar document between the parties regarding who should perform the proposed work and who should pay the costs of the proposed construction, safety improvements, or other relief, and in what proportion;

(G) Description of the proposed construction, safety improvements, or other relief, including detailed plans and specifications, if applicable;

(H) Detailed estimated costs of the proposed construction, safety improvements, or other relief;

(I) Estimated time for completion of the proposed construction or safety improvements or for implementation of the proposed relief;

(J) Detailed statement why the proposed construction or safety improvements should be approved or the proposed relief granted;

(K) Statement of whether the applicant and all interested parties waive a hearing and will submit the case to the division for decision;

(L) Date and signature of the applicant or the applicant’s authorized representative; and (M) Verification under penalty of perjury.

(2) The application is to be decided under one (1) of the following methods:

(A) The division director decides and issues an order on behalf of the commission based on the application and all other documents filed in those cases in which all parties to the application have waived a hearing in writing; or (B) The division director refers the application to the Administration Hearing Commission per Chapter 621, RSMo if all parties have not waived a hearing in writing or a hearing on the application is required by law. as 4 CSR 265-2.320. Original rule filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994. Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Amended: Filed June 22, 1998, effective Feb. 28, 1999. Moved and amended: Filed March 9, 2018, effective Oct. 30, 2018. Amended: Filed Sept. 8, 2023, effective April 30, 2024.

7 CSR 265-8.324 Changes to Highway-Rail Grade Crossing Active Warning Devices {#sec-7-csr-265-8.324 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-8.324}

PURPOSE: This rule is adopted to classify changes to highway-rail grade crossing active warning devices based on the significance of those changes, and to approve certain uncontested changes to active warning devices without specific division orders, when they meet certain standardized conditions.

(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 regards 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 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. as 4 CSR 265-2.324. Original rule filed June 22, 1998, effective Feb. 28, 1999. Moved and amended: Filed March 9, 2018, effective Oct. 30, 2018.

Chapter 9 Rail Fixed Guideway Systems

7 CSR 265-9.040 Safety Reviews Shall Be in Accordance with Federal Transit {#sec-7-csr-265-9.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-9.040}

7 CSR 265-9.110 Rail-Highway Grade Crossing Warning Devices. . . . . . . . . . . . . . . . . . . . . . . 6 {#sec-7-csr-265-9.110 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-9.110}

7 CSR 265-9.150 Accidents and Hazards, Compliance with Federal Transit TRANSPORTATION {#sec-7-csr-265-9.150 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-9.150}

7 CSR 265-9.010 Applicability of Chapter; Definitions {#sec-7-csr-265-9.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-9.010}

PURPOSE: This rule provides that this chapter is to govern rail fixed guideway systems instead of 7 CSR 265-8 and prescribes definitions for certain words and terms used in the rules within this chapter. publication of the entire text of the material that 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) Notwithstanding any provision within 7 CSR 265-8 to the contrary, rail fixed guideway systems (RFGS) as defined in Title 49 Code of Federal Regulations (CFR) Subpart 674.7 shall be governed by the rules in this chapter, and not by the rules in 7 CSR 265-8. The regulations in 49 CFR Part 674.7 is incorporated herein by reference and made a part of this rule as published October 1, 2016, by the Federal Transit Administration, United States Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. This rule does not incorporate any subsequent amendments or additions.

(2) As used in this chapter unless the context clearly requires otherwise, the following definitions and the definitions in Title 49 CFR Part 674 and Title 49 United States Code (USC) 5329, which are incorporated by reference and made a part of this

rule as published by the United States Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401 on October 1, 2016, and March 15, 2016, respectively, and this rule does not incorporate any subsequent amendments or additions to the CFRs and USC, apply:

(A) Commission. The Missouri Highways and Transportation Commission;

(B) Contractor. An entity that performs tasks required by 49 CFR Part 674, on behalf of the rail fixed guideway system or the division. A rail fixed guideway system may not be a contractor for the division;

(C) Department. The Missouri Department of Transportation;

(D) Division. The Multimodal Operations Division within the Department of Transportation, which is authorized by the state Highways and Transportation Commission, as the State Safety Oversight Agency (SSOA) for the state of Missouri. Whenever the term “division” is used within the rules in this chapter, it means the Multimodal Operations Division;

(E) Employee. Any individual employed by a rail fixed guideway system for any period in any work for which s/he is compensated, whether full- or part-time, whose regular course of employment relates to the operation, inspection, maintenance, or construction of the physical rail fixed guideway system property or the operation of trains;

(F) FTA. The Federal Transit Administration, an agency within the United States Department of Transportation;

(G) Passenger operations. The period of time when any aspect of rail transit agency operations are initiated with the intent to carry passengers;

(H) Pedestrian grade crossing. A location where one (1) or more rail transit system tracks cross a public sidewalk or pathway used by pedestrians at grade;

(I) Rail-highway grade crossing. A location where one (1) or more rail transit system tracks cross a public highway, road, street, or private roadway, and includes a pedestrian grade crossing. A rail-highway grade crossing also includes a highway or pathway intersection on a street running rail transit system, excluding driveways and parking lot entrances;

(J) Rail transit agency. An entity that operates a rail fixed guideway system;

(K) Rail transit system. A rail fixed guideway public transportation system in accordance with 49 CFR Part 674;

(L) Security plan (SP). A document developed and adopted by the rail transit agency describing its security policies, objectives, responsibilities, and procedures;

(M) Street running rail transit system. A rail transit system in which the track(s) is embedded in a highway, road, or street and which operates in one (1) or more traffic lanes, either separate from or shared with vehicle traffic, and whose operation is subject to the applicable ordinances and traffic control devices for said public highway, road, or street. originally filed as 4 CSR 265-9.010. Emergency rule filed Feb. 5, filed Aug. 19, 1996, effective Aug. 29, 1996, expired Feb. 25, 1997.

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

7 CSR 265-9.020 State Safety Oversight Agency Authorities and Requirements {#sec-7-csr-265-9.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-9.020}

PURPOSE: This rule adopts a system safety program standard and requires every rail fixed guideway system to establish, implement, and maintain a system safety program plan and security plan, which meets the FTA requirements under 49 CFR part 674 and the requirements of this rule. publication of the entire text of the material that 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) In accordance with its authority established in section 389.1005, RSMo, and the Designation Letter signed by the Governor of Missouri on June 12, 2017, the division is designated as the State Safety Oversight Agency (SSOA) per 49 United States Code (USC) 5239(e)(4).

(2) The division is responsible for carrying out the responsibilities of an SSOA as set forth in the federal regulations and statute cited in this rule. The division adopts (6/30/23) John R. Ashcroft RAILROAD SAFETY TRANSPORTATION and enforces rules relating to the safe design, engineering, construction, testing, operation, and maintenance of Rail Fixed Guideway Systems (RFGS).

(3) The division incorporates by reference in this rule the full provisions of 49 USC 5329 and 49 Code of Federal Regulations (CFR) Part 674, as published by the United States Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401 on October 1, 2016, and March 15, 2016, respectively.

This rule does not incorporate any subsequent amendments or additions of the CFRs and USC.

(4) The SSOA is legally and financially independent from the overseen RFGS.

(5) The division retains the authority to access RFGS property in performance of SSOA duties, including to conduct investigations or to make announced or unannounced inspections.

(6) Documents or information filed with this division by a RFGS under the provisions of this chapter may be closed to public inspection by the RFGS, or by the division as deemed necessary to prevent or mitigate breaches of security. The closure to public access, in whole or in part, of documents or information, does not preclude the division or its authorized personnel from inspecting and copying these provisions, documents, and information, as otherwise provided by law or by the rules of the highways and transportation commission or orders of the division.

(7) Every RFGS shall meet or exceed the FTA’s alcohol and controlled substances testing requirements under 49 CFR Parts 40 and 655, which are incorporated herein by reference and made a part of this rule as published in the Federal Register 83 FR 63812 December 12, 2018, by the FTA, United States Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. This rule does not incorporate any subsequent amendments or additions.

rule originally filed as 4 CSR 265-9.020. 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. Amended: Filed Oct. 6, 2017, effective May 30, 2018. Amended: Filed Dec. 9, 2022, effective July 30, 2023.

7 CSR 265-9.040 Safety Reviews Shall Be in Accordance with Federal Transit Administration (FTA) Standards originally filed as 4 CSR 265-9.040. 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. Rescinded: Filed Oct. 6, 2017, effective May 30, 2018. {#sec-7-csr-265-9.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-9.040}

7 CSR 265-9.050 Signs {#sec-7-csr-265-9.050 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-9.050}

PURPOSE: This rule prescribes the requirements for the installation and maintenance of certain required signs used on rail fixed guideway systems.

(1) All safety, directional, warning, and train control signs used on rail fixed guideway systems shall be made of aluminum or other noncorrosive material and covered with a retroreflectorized material to show the same shape and color by day or night. The retroreflectorized material used shall meet or exceed the minimum levels specified in the Manual on Uniform Traffic Control Devices (MUTCD) (2009 Edition including Revisions 1 and 2), which is incorporated by reference and made a part of this rule as published by the Federal Highway Administration (FHWA), United States Department of Transportation (USDOT), 400 7th Street SW, Room 3408, Washington, DC 20590, website: https://mutcd. fhwa.dot.gov/pdfs/2009r1r2/mutcd2009r1r2edition.pdf.

This rule does not incorporate any subsequent amendments or additions of this manual.

(2) The signs shall be maintained in a reasonably clean condition and replaced when they have been impaired by wear or damage. Sign retroreflectivity shall be assessed and maintained according to the minimum retroreflectivity standards of the MUTCD (2009 Edition including Revisions 1 and 2), which is incorporated by reference and made a part of this rule as published by the FHWA, USDOT, 400 7th Street SW, Room 3408, Washington, DC 20590, website: https://mutcd.fhwa.dot. gov/pdfs/2009r1r2/mutcd2009r1r2edition.pdf.

This rule does not incorporate any subsequent amendments or additions of this manual.

(3) Notwithstanding section (1) of this rule, the division may require the use of appropriate illumination for the signs.

rule originally filed as 4 CSR 265-9.050. Original rule filed Nov. 4, 1992, effective June 7, 1993. Amended: Filed June 22, 1998, effective Feb. 28, 1999. Moved and amended: Filed Nov. 20, 2006, effective

7 CSR 265-9.060 Drug and Alcohol Testing originally filed as 4 CSR 265-9.060. Emergency rule filed Feb. 5, filed Dec. 20, 1996, effective Dec. 30, 1996, expired June 27, 1997. {#sec-7-csr-265-9.060 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-9.060}

Amended: Filed June 22, 1998, effective Feb. 28, 1999. Moved and amended: Filed Nov. 20, 2006, effective June 30, 2007. Rescinded:

Filed Oct. 6, 2017, effective May 30, 2018.

7 CSR 265-9.070 Hours of Service {#sec-7-csr-265-9.070 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-9.070}

PURPOSE: This rule prevents excessive mental and physical strain and fatigue which results from remaining too long at exacting tasks. This rule prescribes the maximum safe number of working hours an employee can be required or allowed to operate a train on the mainline or to directly control the operations of a train on the main line: on a rail fixed guideway system. This rule does not restrict a transit system from adopting and enforcing additional or more stringent requirements not inconsistent with this rule.

(1) This rule applies to every employee who operates a train on the main line or is directly involved in controlling the operations of a train on the main line of a rail fixed guideway system (RFGS). No RFGS may require or allow any of these employees to perform work in excess of the allowable hours established in this rule.

(2) No employee will be required or allowed to continue on duty or to go on duty until the employee has had at least ten (10) consecutive hours off duty, if that employee has been continuously on duty for twelve (12) hours or more.

(3) Time on duty commences when an employee begins to work or is required to be in readiness to work and continues until the time the employee is relieved from work and all responsibility for performing work. Time on duty includes:

(A) Interim periods of rest less than or equal to one (1) hour; and (B) Time spent in the transportation of an employee to a duty assignment, except that time spent transporting an employee from a duty point of final release is not counted.

(4) No employee will be required or allowed to continue on duty or go on duty unless s/he has had at least ten (10) consecutive hours off duty during the preceding twenty-four (24) hours.

(5) When a situation requiring the extended service of an employee covered by this rule occurs, which is both unforeseeable and beyond the control of the RFGS, the employee may be on duty in excess of the twelve- (12-) hour limit in section (2) of this rule but cannot be required or allowed to continue on duty in excess of fifteen (15) hours.

Notwithstanding the exception in this section (5), an employee shall not work in excess of the twelve- (12-) hour limit more than two (2) days in a seven- (7-) day period.

(6) The RFGS will establish and maintain at one (1) or more locations where employees covered by this rule report on or off duty, a written hours of service log which shall record the hours of service of these employees. The RFGS will keep this log current for each of these employees showing the time of the last change of duty status of the employee. Any supervisor making an entry on behalf of any of these employees must initial such an entry. For each of these employees, the hours of service log will include at least the following information:

(A) Employee’s signature and badge number;

(B) Amount of rest since last duty in hours and minutes, except that if the amount of rest is in excess of twelve (12) hours an entry of “12+” is sufficient;

(C) The time at which the employee signs in for duty;

(D) The time at which the employee is off duty; and (E) Total time on duty in hours and minutes.

(7) The RFGS will retain in its custody and make available to the division for inspection the hours of service log for a period of one (1) year after the last entry is made in each daily log. originally filed as 4 CSR 265-9.070. Emergency rule filed Feb. 5, filed June 17, 1993, effective June 27, 1993, expired Oct. 24, 1993.

Emergency amendment filed Oct. 13, 1993, effective Oct. 24, 1993, expired Feb. 20, 1994. Emergency amendment filed Feb. 10, 1994, effective Feb. 20, 1994, expired June 14, 1994. Emergency amendment filed June 2, 1994, effective June 14, 1994, expired Oct. 11, 1994. Emergency amendment filed Sept. 30, 1994, effective Oct. 12, 1994, expired Jan. 10, 1995. Amended: Filed June 2, 1994, effective Dec. 30, 1994. Amended: Filed June 22, 1998, effective Feb. 28, 1999. Moved and amended: Filed Nov. 20, 2006, effective June 30, 2007. Amended: Filed Oct. 6, 2017, effective May 30, 2018. *Original authority: 389.1005, RSMo 1996 and 622.027, RSMo 1985, amended 1993,

7 CSR 265-9.090 Walkways originally filed as 4 CSR 265-9.090. Original rule filed Nov. 4, 1992, effective June 30, 2007. Rescinded: Filed Oct. 6, 2017, effective May {#sec-7-csr-265-9.090 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-9.090}

7 CSR 265-9.100 Rail-Highway Grade Crossing Construction and Maintenance {#sec-7-csr-265-9.100 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-9.100}

PURPOSE: This rule implements the Missouri Highways and Transportation Commission’s statutory authority to make reasonable rules pertaining to the construction and maintenance of public rail-highway grade crossings and rail fixed guideway (1) Every public rail-highway grade crossing on a rail fixed guideway system (RFGS), whether involving railroad, light rail, or street railroad tracks shall be constructed of materials that will provide a ride quality compatible with that of adjacent roadway surfaces (except that crossings of asphalt material shall have installed headers of equal height to the top of rails installed on both sides of both rails). Rail-highway grade crossings constructed on RFGSs shall have, at a minimum, a (6/30/23) John R. Ashcroft RAILROAD SAFETY TRANSPORTATION crossing material comparable to or exceeding the material used in the approaching roadway. Grade crossings constructed of unconsolidated material are prohibited.

(A) The crossing shall be the same width as the approaching roadway including drivable shoulders, plus two feet (2') on each side.

(B) If practicable, the roadway alignment should intersect the RFGS track at or nearly at right angles. The roadway surface shall be in the same plane as the top of rails for a distance of two feet (2') outside of rails, for either multiple or single track crossings. The top of the rail plane shall be connected with the grade line of the roadway each way by vertical curves of the length required to provide riding conditions and sight distances normally applied to the roadway. It is desirable that the roadway surface be not more than three inches (3") higher nor six inches (6") lower than the top of the nearest rail at a point thirty feet (30') from the rail, measured at a right angle, unless track superelevation dictates otherwise. Where crossings involve two (2) or more tracks, the top of rails for all tracks shall be brought to the same plane where practicable.

(C) Width of roadway at a rail-highway grade crossing upon an RFGS should correspond to that of the adjoining highway and have the same number and width of traffic lanes as the adjoining highway, without extra lanes, and with center turn lanes at the crossing delineated. At all paved approaches to the rail-highway grade crossing, the highway traffic lanes in the vicinity of the crossing should be distinctly marked in accordance with the recommendations of the Manual on Uniform Traffic Control Devices (2009 Edition including Revisions 1 and 2), which is incorporated by reference and made a part of this rule as published by the Federal Highway Administration, United States Department of Transportation, 400 7th Street SW, Room 3408, Washington, DC 20590, website: https:// mutcd.fhwa.dot.gov/pdfs/2009r1r2/mutcd2009r1r2edition.pdf.

This rule does not incorporate any subsequent amendments or additions of this manual. These markings are the responsibility of the public highway authorities.

(D) Part I (subsections 1.4–1.11) of the American Railway Engineering Association’s Guidelines for the Construction or Reconstruction of Highway-Railway At-Grade Crossings (2013 Edition), which is incorporated by reference and made a

part of this rule as published by the American Railway Engineering and Maintenance of Way Association, 4501 Forbes Blvd, Suite 130, Lanham-Seabrook, MD 20706. This rule does not incorporate any subsequent amendments or additions of these guidelines. These guidelines are made applicable to RFGSs as recommended practices for the construction and reconstruction of rail-highway crossings, if practicable.

(2) Unless otherwise ordered by the division or by agreement, the RFGS shall maintain the road surface over the length of ties and between tracks where adjacent track centers are less than fifteen feet (15').

(A) Unless otherwise ordered by the division, when an RFGS makes a track raise within a rail-highway grade crossing, the runoff along the roadway shall be maintained at not more than two inches (2") in the first ten feet (10') outside the end of ties, not more than six inches (6") in the next ten feet (10'), and the remaining run-off shall be brought to the same elevation as the existing grade within an additional ten feet (10') along the roadway.

(B) When a highway authority raises the road surface along an approach to a crossing, the run-off along the roadway shall be not more than two inches (2") in the first ten feet (10') outside the end of ties, with the remainder in the next ten feet (10').

(C) Unless otherwise ordered by the division or by agreement, the RFGS shall maintain a pedestrian grade crossing of equal width as the approaching sidewalk over the length of ties, and between tracks where adjacent track centers are less than fifteen feet (15') apart. The RFGS shall use a durable, contrasting material between the ends of ties when the approaching sidewalk is constructed of a hard surface material. Any durable material compatible with the material used on the sidewalk may be used on the pedestrian grade crossing between the adjacent tracks.

rule originally filed as 4 CSR 265-9.100. Original rule filed Nov. 4, 1992, effective June 7, 1993. Amended: Filed June 22, 1998, effective Feb. 28, 1999. Moved and amended: Filed Nov. 20, 2006, effective

7 CSR 265-9.110 Rail-Highway Grade Crossing Warning Devices {#sec-7-csr-265-9.110 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-9.110}

PURPOSE: Pursuant to section 389.610, RSMo, this rule adapts pertinent provisions of the Manual on Uniform Traffic Control Devices (MUTCD) relating to rail-highway grade crossing warning (1) The division incorporates by reference in this rule Part 8 of the Manual on Uniform Traffic Control Devices (2009 edition including Revisions 1 and 2), which is incorporated herein by reference and made a part of this rule as published by the Federal Highway Administration, United States Department of Transportation, 400 7th Street SW, Room 3408, Washington, DC 20590, website: https://mutcd.fhwa.dot.gov/pdfs/2009r1r2/ mutcd2009r1r2edition.pdf and makes it applicable to rail fixed guideway systems (RFGS). This rule does not incorporate any subsequent amendments or additions of this manual. Part 8, entitled “Traffic Control for Railroad and Light Rail Transit Grade Crossings,” establishes standards for the design, installation, and operation of rail-highway grade crossing warning devices.

The commission recommends that the standards in Part 8 be applied in the installation of all grade crossing warning systems on RFGSs in Missouri, unless otherwise provided by

rule of the commission or order of the division. originally filed as 4 CSR 265-9.110. Emergency rule filed Feb. 5, filed Nov. 4, 1992, effective June 7, 1993. Amended: Filed June 22, 1998, effective Feb. 28, 1999. Moved and amended: Filed Nov. 20, 2006, effective June 30, 2007. Amended: Filed Oct. 6, 2017, effective May 30, 2018. Amended: Filed Dec. 9, 2022, effective July 30, 2023.

7 CSR 265-9.130 Visual Obstructions at Public Grade Crossings {#sec-7-csr-265-9.130 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-9.130}

PURPOSE: This rule prescribes the standards for maintaining visibility at public grade crossings with rail fixed guideway (1) It is the duty of every rail fixed guideway system (RFGS) operating within Missouri to maintain right of way at public rail-highway grade crossings so that it will be reasonably clear of vegetation, undergrowth, and other debris for a distance of two hundred fifty feet (250') each way from the crossings.

(2) No sign, buildings, or other structures either temporary or permanent may be erected on the right of way of any RFGS within two hundred fifty feet (250') each way from any rail-highway grade crossing where the sign, building, or other structure would materially obscure approaching trains from the view of travelers on the highway, unless otherwise authorized by this division. originally filed as 4 CSR 265-9.130. Original rule filed Nov. 4, 1992, effective June 30, 2007. Amended: Filed Oct. 6, 2017, effective May *Original authority: 389.1005, RSMo 1996 and 622.027, RSMo 1985, amended 1993,

7 CSR 265-9.140 Dedicated Rail Fixed Guideway Telephone originally filed as 4 CSR 265-9.140. Original rule filed Nov. 4, 1992, effective June 30, 2007. Rescinded: Filed Oct. 6, 2017, effective May {#sec-7-csr-265-9.140 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-9.140}

7 CSR 265-9.150 Accidents and Hazards, Compliance with Federal Transit Administration (FTA) Notification originally filed as 4 CSR 265-9.150. Emergency rule filed Feb. 5, filed Dec. 20, 1996, effective Dec. 30, 1996, expired June 27, 1997. {#sec-7-csr-265-9.150 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-9.150}

Amended: Filed June 22, 1998, effective Feb. 28, 1999. Moved and amended: Filed Nov. 20, 2006, effective June 30, 2007. Rescinded:

Filed Oct. 6, 2017, effective May 30, 2018.

Chapter 10 Motor Carrier Operations

7 CSR 265-10.015 Application Requirements for the Issuance and Transfer of Intrastate {#sec-7-csr-265-10.015 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.015}

7 CSR 265-10.060 Inspection of Books, Records, Property, Equipment, and Roadside {#sec-7-csr-265-10.060 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.060}

7 CSR 265-10.070 Classification of Common Carriers by Services Performed {#sec-7-csr-265-10.070 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.070}

7 CSR 265-10.080 Rules Governing the Transportation of Household Goods {#sec-7-csr-265-10.080 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.080}

7 CSR 265-10.090 Merger of Duplicated or Overlapping Motor Carrier Operating {#sec-7-csr-265-10.090 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.090}

7 CSR 265-10.110 Joint Service and Interlining by Passenger or Household {#sec-7-csr-265-10.110 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.110}

7 CSR 265-10.140 Discontinuance of Service; Suspension and Revocation of Certificates, TRANSPORTATION {#sec-7-csr-265-10.140 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.140}

7 CSR 265-10.010 Definitions {#sec-7-csr-265-10.010 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.010}

PURPOSE: This rule prescribes definitions for certain words and terms used in the rules within 7 CSR 265-10 and interprets certain words and terms as used in Chapters 386, 387, and 390, RSMo.

(1) As used in this chapter; in 7 CSR 265-2; and in Chapters 386, 387, and 390, RSMo, unless the context clearly requires otherwise, the following words and terms mean:

(A) Civil subdivision means a political subdivision, public corporation, or quasi-corporation, or public governmental entity, which is established by law exclusively for public purposes. The term includes every county, township, municipality, incorporated town and village; public school district; road district; library district; drainage; sewer or levee district; fire district; county sports complex authority; special taxing district for public works or public improvements; soil and water conservation district; watershed subdistrict; board of control of a public art museum; other public boards, commissions and districts established by law, and their officers, agents, and employees acting within the lawful scope of their official duties. The taxing power is not a prerequisite to being a civil subdivision, but possession of lawful taxing power creates a presumption that the possessor is a civil subdivision;

(B) Commission means the Missouri Highways and Transportation Commission;

(C) Contract carrier means a person who engages in the transportation of passengers or property by motor vehicle upon the public highways for hire or compensation under individual, continuing contracts, or agreements. Contracts for the transportation of passengers or household goods shall meet the requirements as in Chapters 387 and 390, RSMo. The initial contract(s) for the transportation of passengers shall be filed with the commission along with the application for

Moved to 7 CSR 265-10.010, effective July 11, 2002. Amended: Filed May 2, 2013, effective Dec. 30, 2013.

History

• authority. as 4 CSR 265-10.010. Original rule filed Nov. 4, 1992, effective July Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996.

7 CSR 265-10.015 Application Requirements for the Issuance and Transfer of Intrastate Motor Carrier Authority {#sec-7-csr-265-10.015 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.015}

PURPOSE: This proposed rule sets forth the requirements that applications to the commission requesting an intrastate motor carrier certificate, permit, or property carrier registration must meet.

(1) Applicability. Every application for the issuance or transfer of a common carrier certificate under section 390.051, RSMo, a contract carrier permit under section 390.061, RSMo, or both; the issuance of temporary authority under section 390.081, RSMo; or a property carrier registration under Chapter 622, RSMo, which authorizes the transportation of passengers or property on the public highways in Missouri intrastate commerce shall be filed in conformity with the requirements of this rule and other rules of the commission whenever applicable.

(2) Application Form. The applicant or an authorized representative of the applicant under oath or penalty of perjury shall complete, verify, and electronically file an application using the commission’s secure MoDOT Carrier Express business application.

(3) Required Documentation. The commission shall not consider for final determination the request of the applicant until the commission has received the following required documentation:

(A) Completed application form;

(B) Filing of proof of insurance in accordance with the requirements of section 390.126, RSMo, and commission rules

7 CSR 265-10.030 and 7 CSR 265-10.035; {#sec-7-csr-265-10.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.030}

(C) Payment of vehicle licensing fees in accordance with

section 390.136, RSMo, and commission rule 7 CSR 265-10.020;

(D) Confirmation that the applicant is properly registered and in good standing as required by law with the Office of the Missouri Secretary of State;

(E) Filed an approved tariff and time schedule for the transportation of passengers other than in charter service;

(F) Confirmation that the applicant is properly registered with the United States Department of Transportation (USDOT);

(G) A copy of each executed contract for every contracting party listed in the application; and (H) Certification of workers’ compensation coverage.

(4) Failure to File Required Documentation. If the applicant has failed to file the required documentation as set forth in

section (3) of this rule within forty-five (45) days from the date the application has been received by the commission, the applicant will be notified that no further consideration will be taken upon the applicant’s pending request for authority.

(5) Findings. The commission shall grant the application if the commission determines from the information filed by the applicant and any other information submitted to the commission that the applicant meets the applicable standards as required in sections 390.051, 390.061, 390.063, 390.081, or

Chapter 622, RSMo.

(6) Request Denied. If the commission determines that the information on record concerning the applicant’s request for

(7) Transfers—Commission staff’s review of each proposed transfer of a certificate or permit shall include a consideration of how the proposed transfer will affect the transferor’s and transferee’s other operating authority, if any. In issuing the transfer request, commission staff may correct spelling, typographical, grammatical, or format errors without altering the substance of the authority.

Amended: Filed July 31, 1986, effective Oct. 27, 1986. Emergency rescission filed Oct. 3, 1986, effective Oct. 23, 1986, expired Dec. 11, 1986. Amended: Filed Nov. 2, 1987, effective Feb. 11, 1988.

Emergency amendment filed Sept. 21, 1988, effective Oct. 1, 1988, expired Dec. 29, 1988. Amended: Filed Oct. 17, 1988, effective Dec. 29, 1988. Amended: Filed May 17, 1989, effective Sept. 11, 1989.

Emergency amendment filed Nov. 4, 1992, effective Nov. 14, 1992, expired March 13, 1993. Emergency amendment filed March 3, 1993, effective March 13, 1993, expired July 10, 1993. Amended:

Filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994.

Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emer gency rule and rescission filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Rescinded and re adopted: Filed Aug. 3, 1995, effective Feb. 25, 1996. Emergency amendment filed Aug. 16, 1996, effective Aug. 28, 1996, expired Feb. 23, 1997. Emergency amendment filed Sept. 13, 2007, effective Oct. 3, 2007, expired March 30, 2008.

Moved and amended: Filed Sept. 13, 2007, effective March 30, 2008. Rescinded and readopted: Filed May 2, 2013, effective Dec. 30, 2013. Amended: Filed Oct. 14, 2016, effective July 30, 2017.

Amended: Filed Dec. 8, 2023, effective July 30, 2024. *Original authority: 226.008, RSMo 2002, amended 2014, and 622.027, RSMo 1985, amended 1993, 1995.

History

• authority does not meet the standards as required by law, the commission shall deny the application by notice to the applicant. The applicant may request in writing a hearing with the Missouri Administrative Hearing Commission to determine the merits of the application and the Administrative Hearing Commission shall make the final determination whether to grant the operating authority requested by the applicant.
• AUTHORITY: sections 226.008 and 622.027, RSMo 2016. This rule originally filed as 4 CSR 265-2.060. Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Emergency amendment filed Aug. 1, 1986, effective Aug. 13, 1986, expired Oct. 27, 1986.

7 CSR 265-10.017 Records of the Division {#sec-7-csr-265-10.017 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.017}

PURPOSE: This rule appoints a custodian of records for the division and sets forth guidelines to be followed when reviewing records of the division.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that 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 (1) The director of the Missouri Department of Transportation Motor Carrier Services division, or the director’s designee, shall maintain a record of all proceedings filed with the Administrative Hearing Commission. Open records shall be available for public inspection and copying.

(A) The following records of the division, or possessed by the division, shall be closed records, and shall not be open to public inspection or copying, or made public, except as otherwise provided by order or permission of a court, the Administrative Hearing Commission, or when formally filed with the division in a hearing or proceeding, or when otherwise required to be made public under the rules of the division or Chapters 386– 391, RSMo. The closure of records to public access under this subsection shall not be deemed to preclude lawful discovery of these records by a party in an administrative or court proceeding:

1. All records which may be closed records under Chapter 610, RSMo;

2. Under section 386.480, RSMo, all information furnished to the division or its employees by any motor carrier, their agents or employees, or by any corporation or person subject to the jurisdiction of the division, pursuant to the requirement of any statute or court order, any rule, order, or subpoena of the division or the Administrative Hearing Commission, or any audit, investigation, or discovery by the division staff, except that insurance certificates, surety bonds, endorsements, and cancellation notices filed pursuant to section 390.126, RSMo, or

7 CSR 265-10.030 shall be open records; {#sec-7-csr-265-10.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.030}

3. Under Title 49, United States Code (U.S.C.), section 523(c), which is incorporated by reference and made a part of this rule as published in 2021 by the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001, and which does not incorporate any subsequent amendments or additions, all records or information acquired by division staff during an inspection of the equipment or records of a motor carrier or a lessor of equipment to such a carrier, if that inspection was delegated and funded or reimbursed by the Secretary of Transportation of the United States under Title 49 U.S.C., section 504, which is incorporated by reference and made a part of this rule as published in 2021 by the U.S.

Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001, and which does not incorporate any subsequent amendments or additions; and 4. Under section 387.310, RSMo, any fact or information received by the division or its staff during the course of any inspection or examination of common carriers.

Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Moved to 7 CSR 265-10.017 and amended:

Filed Oct. 14, 2016, effective July 30, 2017. Amended: Filed June 3, 2022, effective Jan. 30, 2023.

History

• AUTHORITY: section 622.027, RSMo 2016. This rule originally filed as 4 CSR 265-2.030. Emergency rule filed June 14, 1985, Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed May 17, 1989, effective Sept. 11, 1989. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994. Emergency amendment filed Dec.

7 CSR 265-10.020 Licensing of Vehicles {#sec-7-csr-265-10.020 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.020}

PURPOSE: This proposed rule prescribes the requirements and procedures for the licensing of vehicles operated on public highways in interstate or intrastate commerce within the jurisdiction of the commission.

(1) License Requirement. No motor carrier shall operate any motor vehicle on the public highways in Missouri in intrastate commerce unless information has been received as required on the license application forms as published by the Missouri Services Division; fees have been paid; and the annual license or seventy-two (72) hour license is carried in the vehicle.

The mere presence of a regulatory license, issued by the commission or organization approved by the commission to sell its regulatory licenses on its behalf, on a vehicle does not authorize any person to operate as a motor carrier. Exceptions:

Not-for-profit corporations transporting passengers other than charter service and every motor carrier required to comply with the regulatory requirements of the Unified Carrier Registration (UCR) Agreement promulgated by the Unified Registration Board of Directors are not required to comply with this rule.

(2) Invalid License. Any license which has been altered or changed in any way shall not be valid.

(3) Expiration of Regulatory Licenses. All annual regulatory licenses issued pursuant to this rule shall be effective from January 1 through December 31 of the year for which they are issued, and shall expire at 12:01 A.M. on the first day of January in the next year succeeding the year for which they were issued. Seventy-two (72) hour licenses expire seventy-two (72) hours from the issued time of the license.

(4) Transfer of Regulatory Licenses. If the vehicle is sold during a license year, the commission may reissue without charge, upon request by the transferor, the annual license for any replacement vehicle purchased by the motor carrier. The regulatory license will not be valid for the transferee of the vehicle.

(5) Failure to Purchase an Annual License—The commission may immediately suspend the intrastate authority of the motor carrier in accordance with the commission’s applicable procedures for suspension, for failure to purchase an annual license. Any further operation by the motor carrier of any motor vehicle upon the public highways in this state shall be unlawful until compliance with this rule and a reinstatement by the commission has been issued.

Amended: Filed Oct. 17, 1988, effective Dec. 29, 1988. Amended:

Filed May 17, 1989, effective Sept. 11, 1989. Amended: Filed May 2, 1991, effective Dec. 9, 1991. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, terminated Dec. 19, 1994. Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995.

Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Emergency amendment filed Aug. 19, 1996, effective Aug. 29, 1996, expired Feb. 24, 1997. Amended: Filed June 22, 1998, effective Feb. 28, 1999. Moved to 7 CSR 265-10.020, effective July 11, 2002. Emergency amendment filed Aug. 15, 2005, effective Aug. 26, 2005, expired Feb. 23, 2006. Amended: Filed Aug. 15, 2005, effective Feb. 28, 2006. Rescinded and readopted: Filed May 2, 2013, effective Dec. 30, 2013. *Original authority: 226.008, RSMo 2002; 390.041, RSMo 1939, amended 1951, 1984, 1986, 1988; 390.136, RSMo 1939, amended 1951, 1969, 1975, 1984, 1986, 1988, 2004; 390.138, RSMo 1955, amended 1986; and 622.027, RSMo 1985, amended 1993, 1995.

History

• AUTHORITY: sections 390.041(1), 390.138, and 622.027, RSMo 2000, and sections 226.008 and 390.136, RSMo Supp. 2013. This rule originally filed as 4 CSR 265-10.020. Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Emergency amendment filed Sept. 21, 1988, effective Oct. 1, 1988, expired Jan. 28, 1989.

7 CSR 265-10.025 Marking of Vehicles {#sec-7-csr-265-10.025 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.025}

PURPOSE: This proposed rule prescribes the content and manner of markings to be displayed on motor vehicles operated by motor carriers on public highways in interstate or intrastate commerce that are under the jurisdiction of the Missouri Highways and Transportation Commission.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that 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 (1) Vehicle Markings. Every motor vehicle operated by a motor carrier in intrastate commerce under any property carrier registration, certificate, or permit issued by the Missouri Highways and Transportation Commission shall be marked in conformity with the requirements of section 390.21 of Title 49, Code of Federal Regulations (CFR) Part 390. The commission incorporates by reference, and makes a part of this rule, the provisions of Title 49 CFR Part 390.21 as published by the United States Government Publishing Office, 732 North Capitol Street NW, Washington DC 20401, on August 14, 2019. This rule does not incorporate any subsequent amendments or additions to 49 CFR Part 390.21. Motor carriers operating a non-Commercial Driver’s License (CDL) passenger-carrying vehicle having a capacity of fifteen (15) passengers or less, excluding the driver, may display on the vehicle’s rear bumper, rear window, or otherwise on the rear of the vehicle, the United States Department of Transportation (USDOT) number assigned to the motor carrier, which shall be marked so it is readily legible during daylight hours from a distance of fifty feet (50') while a Commercial Motor Vehicle (CMV) is stationary and shall contrast sharply in color with the background on which the figures are placed.

(2) If the carrier is engaged in intrastate operations only as authorized by the commission, the carrier is required to include in the vehicle markings the letters “MO” immediately following the carrier’s USDOT number.

(3) If an intrastate motor carrier sells, assigns, or otherwise transfers a motor vehicle subject to the provisions of this rule, the seller shall first remove its required markings from the vehicle. as 4 CSR 265-10.025. Emergency rule filed Dec. 1, 1994, terminated Dec. 19, 1994. Emergency rule filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency rule filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency rule filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996.

Original rule filed Aug. 3, 1995, effective Feb. 25, 1996. Amended:

Filed Aug. 5, 1999, effective March 30, 2000. Moved to 7 CSR 265- 10.025, effective July 11, 2002. Rescinded and readopted: Filed May 2, 2013, effective Dec. 30, 2013. Amended: Filed Oct. 14, 2016, effective July 30, 2017. Amended: Filed June 3, 2022, effective Jan. 30, 2023.

7 CSR 265-10.030 Insurance {#sec-7-csr-265-10.030 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.030}

PURPOSE: This proposed rule defines and describes the procedures and authorization for filing, canceling, replacing, and reinstating proof of motor carrier insurance or surety bonds, and prescribes the minimum limits of public liability coverage for motor carriers of passengers or property, and minimum limits of cargo liability coverage for household goods carriers.

(1) Proof of Coverage and Minimum Limits of Public Liability for Intrastate Carriers. Every motor carrier operating any motor vehicle in intrastate commerce by authority of the commission shall at all times have on file with and approved by the commission proof of public liability insurance or bond for the limits of liability as required by the commission. The proof of public liability insurance shall state that the insurer has issued to the motor carrier a policy of insurance which by endorsement provides automobile bodily injury and property damage liability insurance covering the obligations imposed upon the motor carrier by the provisions of the laws of this state. A completed and executed endorsement shall be attached to the public liability insurance policy and form a part of it and amends the insurance policy to which it is attached to assure compliance with this rule by the motor carrier. A true copy of the insurance policy with the endorsement attached shall be maintained at the motor carrier’s principal place of business, and produced upon request for inspection by the commission. An executed surety bond may be accepted in lieu of a certificate of public liability insurance.

(2) Filing Proof of Insurance. The insurance company or its authorized underwriter shall electronically file proof of insurance on behalf of a motor carrier using the MoDOT Carrier Express business application. Upon request of the commission, any insurance company that has filed or offers to file proof of insurance shall furnish evidence satisfactory to the commission that the insurance company issuing the policy or bond is duly authorized to transact business in Missouri and to issue the policy offered, and that it is financially able to meet its obligations.

(3) Proof of Coverage of Cargo Liability for Transportation of Household Goods. Each vehicle while transporting household goods in intrastate commerce within this state shall be covered by a surety bond or certificate of cargo insurance filed with and approved by the commission for the limits of liability as established by the commission. A completed and executed endorsement shall be attached to the cargo insurance policy and form a part of it and amend the policy to which it is attached to assure compliance with this rule by the motor carrier. An insurance company or surety shall file separate certificates or bonds, whenever it provides both cargo liability and public liability coverage for a motor carrier of household goods.

(4) Rejection of Proof of Insurance. The commission may reject any document or information filed or offered for filing, or may declare it invalid at any time, and shall notify the motor carrier of the rejection.

(5) Cancellation and Reinstatement of Proof of Insurance. An insurer shall give the commission not less than ten (10) days notice of the cancellation of motor carrier bodily injury and property damage liability insurance certificate or bond or motor carrier cargo insurance certificate or bond, by filing with the commission the required notice of cancellation form. After cancellation in accordance with this section, a new certificate of insurance or surety bond must be filed to reinstate coverage for the motor carrier.

(6) Replacement Coverage. Policies of insurance and surety bonds may be replaced by other policies of insurance or surety bonds. The liability of the retiring insurer or surety shall be considered terminated on the effective date of the replacement policy of insurance or surety bond if accepted by the commission; except that if a cancellation notice under

section (5) of this rule is received prior to receipt of the replacement certificate of insurance or surety bond, the liability of the retiring insurer or surety shall be considered as terminated at the end of the required ten- (10-) day cancellation period.

rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985.

Filed April 16, 1986, effective June 30, 1986. Emergency amendment filed Sept. 21, 1988, effective Oct. 1, 1988, expired Jan. 28, 1989.

Amended: Filed Oct. 18, 1988, effective Dec. 29, 1988. Amended:

Filed May 17, 1989, effective Sept. 11, 1989. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, terminated Dec. 19, 1994. Emergency amendment filed Dec.

Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Amended: Filed June 22, 1998, effective Feb. 28, 1999. Emergency amendment filed Dec. 15, 2000, effective Jan. 2, 2001, expired June 30, 2001. Amended: Filed Dec. 15, 2000, effective June 30, 2001. Moved to 7 CSR 265-10.030, effective July 11, 2002. Rescinded and readopted: Filed May 2, 2013, effective Dec. 30, 2013. Amended: Filed Dec. 8, 2023, effective July 30, 2024. *Original authority: 390.041, RSMo 1939, amended 1951, 1984, 1986, 1988; 390.126, RSMo 1939, amended 1951, 1961, 1986; 390.128, RSMo 2000; and 622.027, RSMo 1985, amended 1993, 1995.

History

• AUTHORITY: sections 390.041, 390.126, 390.128, and 622.027, RSMo 2016. This rule originally filed as 4 CSR 265-10.030. Emergency

7 CSR 265-10.035 Application for a Self-Insurer Status {#sec-7-csr-265-10.035 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.035}

PURPOSE: This rule sets forth the requirements which an application for self-insurer status must meet.

(1) Motor carriers operating in intrastate commerce filing an application for authority to become a self-insurer shall file an application with the director of the division. Every application shall include a completed Application for Self-Insurer Status Form, included herein, and whenever applicable shall include completed Exhibits A, B, C, D, and E, as described in the application form. The application may include additional supporting information, which shall not repeat or duplicate the information required in Application for Self-Insurer Status Form or Exhibits A, B, C, D, and E. Photocopies of the form and exhibits are acceptable, if they are clearly legible.

(2) Except as provided in section (3) of this rule, each motor carrier who has been granted authority by this division to be a self-insurer shall file, within sixty (60) days after the close of the previous calendar year, a balance sheet, income statement, and a statement listing any claims filed against the motor carrier which arose out of any accidents the motor carrier was involved in during its operations in the previous calendar year, and any unresolved claims which arose out of accidents during previous years. For each claim listed, the applicant shall state the amount, nature, and status of the claim including whether it is disputed or undisputed and how much of it remains unpaid.

(3) Any carrier whose self-insurance plan has been approved by the Federal Motor Carrier Safety Administration (FMCSA) shall file with this division— (A) The FMCSA order approving its self-insurance plan; and (B) Immediate notice of any proceeding or action by the FMCSA which could result in the suspension, revocation, or termination of its self-insurance plan.

(4) Failure of a carrier to comply with the provisions of

section (2) or (3) of this rule shall result in revocation of the commission’s approval of the carrier’s self-insurance plan.

Missouri Department of Transportation Motor Carrier Services PO Box 270, 830 MoDOT Drive, Jefferson City, MO 65102-0270 E-mail: contactmcs@modot.mo.gov Phone:866.831.6277 Fax:573.522.6708 SELF-INSURER STATUS APPLICATION

SECTION 1. REQUEST FOR SELF-INSURER STATUS (Check only one)

1. Applicant requests approval to be a self-insurer for the transportation of property or passengers in intrastate commerce without a self-insurance plan approved by the Federal Motor Carrier Safety Administration (See Section 4 for required attachments).

2. Applicant requests approval to be a self-insurer for the transportation of property or passengers in intrastate commerce pursuant to a self-insurance plan approved by the Federal Motor Carrier Safety Administration (Attach copy of order in effect as Exhibit A).

SECTION 2. GENERAL INFORMATION

USDOT NO.FMCSA NO.FEIN/SSN (SSN Sole Proprietor Only)

LEGAL NAME

DOING BUSINESS AS (DBA) NAME

PRINCIPAL PLACE OF BUSINESS ADDRESS (not a PO Box) - STREETCITY MAILING ADDRESS (if different from Principal address) - STREET CITY MISSOURI TERMINAL ADDRESS (if any) - STREET CITY PHONE NO.FAX NO.E-MAIL ADDRESS

SECTION 3. FORM OF BUSINESS

Sole ProprietorPartnership Limited PartnershipLimited Liability PartnershipLimited Liability CompanyCorporation Trust STATE OF ORGANIZATION/INCORPORATION DATE ORGANIZEDCHARTER NO.

NAME OF COMPANY OFFICERS OR PARTNERS PLEASE PRINTTITLE

SECTION 4. ATTACHMENTS FOR SELF-INSURER STATUS (Required only if #1 checked in Section 1).

The applicant has attached the following exhibits as required:

Exhibit B - Balance sheet prepared within the last six months prior to the filing of the application giving detailed information concerning the financial condition of the applicant.

Exhibit C - Income statement of applicant showing in detail its operating results for the twelve month period immediately prior to the date of the filing of the application.

Exhibit D - A record of all accidents, losses and claims filed in the five year period immediately prior to the date of the filing of the application and a complete explanation of the disposition of the claims.

Exhibit E - Information concerning the cancelation of any insurance policies issued to the applicant by insurance companies authorized to do business in this state, if such coverage related to applicant's operation as an authorized motor carrier.

SECTION 5. REQUIREMENTS OF A SELF-INSURER

If MoDOT grants authority to the applicant to be a self-insurer with a self insurance plan approved by the Federal Motor Carrier Safety Administration, applicant agrees to provide immediate notice of any proceeding or action by the Federal Motor Carrier Safety Administration, which could result in or has resulted in the suspension, revocation or termination of its self-insurance plan by the Federal Motor Carrier Safety Administration.

If MoDOT grants authority to the applicant to be a self-insurer without a self insurance plan approved by the Federal Motor Carrier Safety Administration, the applicant may be required to place in a separate account a minimum reserve amount based upon the carrier's size, operations and claims history.

If MoDOT grants authority to the applicant to be a self-insurer without a self insurance plan approved by the Federal Motor Carrier Safety Administration, the applicant agrees to file annually, within sixty days after the close of the calendar year, a balance sheet and income statement and a statement listing any claims filed against the applicant with arose out of any accidents the applicant was involved in during its operations in the previous calendar year, and any unresolved claims which arose out of such accidents during previous years. For each claim listed, the applicant will state the amount, nature and status of the claim, including whether it is disputed or undisputed, and how much of it remains unpaid.

SECTION 6. SIGNATURE (An attorney is not required to sign on behalf of a corporation)

Applicant, by signing below, agrees to comply with all federal and state safety laws and regulations before the permit, certificate or carrier registration has been issued and before the applicant commences for-hire motor carrier movements. This applicant by signature on and/or delivery of this application to Motor Carrier Services consents on behalf of itself, its affiliates and other persons or entities under its control to be investigated by MoDOT in relationship to the applicant's safety fitness or insurance coverage.

This consent extends to a search for and recovery of all evidence relating to compliance with state, federal and local laws. Under penalty of perjury under the laws of the state of Missouri and the United States of America, applicant certifies that the information on this application or attached hereto is true and correct, is authorized to sign this application on behalf of applicant and that the signature is applicant's own true and correct signature made by self or legal representative and by no other person.

MO Bar No.If attorney signed on behalf of applicant, print address DateTitleApplicant SignatureApplicant Name Printed as 4 CSR 265-2.068. Emergency rule filed Aug. 1, 1986, effective Aug. 13, 1986, expired Oct. 23, 1986. Original rule filed July 31, 1986, effective Oct. 27, 1986. Emergency rescission filed Oct. 3, 1986, effective Oct. 23, 1986, expired Dec. 11, 1986. Amended:

Filed May 2, 1991, effective Nov. 30, 1991. Emergency amendment filed Dec. 1, 1995, effective Dec. 11, 1995, expired Dec. 19, 1995.

Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency Feb. 24, 1995. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996.

Moved to 7 CSR 265-10.035 and amended: Filed May 2, 2013, effective Dec. 30, 2013. Amended: Filed June 3, 2022, effective Jan. 30, 2023.

7 CSR 265-10.040 Motor Vehicle Leasing {#sec-7-csr-265-10.040 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.040}

PURPOSE: This proposed rule prescribes requirements to properly identify leased motor vehicles and drivers when they operate under

(1) Definitions.

(A) “Lessee” means the person who received possession and control of the vehicle.

(B) “Lessor” means the vehicle’s titled owner or lessee who subleases to another lessee.

(2) Motor carriers shall not transport passengers or property in intrastate commerce in non-owned motor vehicles unless there is in place an executed lease for each motor vehicle operated by the motor carrier in intrastate commerce which conforms to the following requirements:

(A) The lease must be reduced to writing and executed with one (1) copy retained by the lessee for not less than two (2) years after the expiration of the lease; and one (1) copy shall accompany the driver while the leased vehicle is in operation and available for inspection by any official authorized to enforce the motor vehicle or transportation laws of this state;

(B) The terms of the lease shall identify the lessor and lessee; describe the leased vehicle including the year, make, model, vehicle identification number, license plate number, and licensing state; specify the beginning and ending duration of the lease; specify the payment terms; and provide all the surrounding facts that the leased equipment is exclusively committed to the lessee’s use during the term of the lease; and (C) Except when a vehicle is subleased by a motor carrier in compliance with section (5) of this rule, the lessee shall control all transportation of passengers or property performed in the leased vehicle during the term of the lease and be deemed the sole operator of the motor vehicle unless otherwise agreed upon by the lessee; be responsible for the operation of the vehicle, including its equipment, physical condition, insurance coverage, licensing, markings, drivers, drivers’ qualifications, drivers’ hours of service, and all other related matters in conformity with the applicable laws of this state and the rules of the commission, to the same extent as if the lessee were the actual owner of the vehicle; immediately upon the termination of the lease or sublease of the vehicle, remove or obliterate all the lessee’s markings from the vehicle; and immediately remove the cancelled lease from the vehicle if the lease is cancelled prior to the expiration date.

(3) If the lessee motor carrier knowingly or recklessly fails to control the transportation performed in the leased vehicle, then the transportation is not covered and authorized by the lessee’s operating authority and the lessee motor carrier shall be deemed to be procuring, aiding, and abetting any transportation performed in the leased vehicle during the term of the lease.

(4) Motor carriers shall not lease vehicles with or without drivers to shippers or receivers of property or to passengers or chartering groups.

(5) Motor carriers shall not sublease a leased vehicle, with or without driver, unless the lease expressly authorizes the lessee motor carrier to sublease the vehicle to another authorized motor carrier during the lease. The sublease shall not authorize further subleasing of the vehicle to any person. A copy of the sublease and the original lease shall accompany the driver at all times while the vehicle is in operation, and be available for inspection.

(6) Authorized household goods motor carriers may transport household goods in motor vehicles owned or leased by the carrier’s agent under an agency agreement in compliance with

History

• authority issued by the commission, to ensure that leased vehicles operated by motor carriers are safely equipped, maintained, and operated, and properly insured and licensed, and to prevent the evasion of motor carrier regulatory requirements through regulating the leasing of motor vehicles under certain circumstances.

7 CSR 265-10.050 and the Household Goods Tariff Circular No. 1-2013. {#sec-7-csr-265-10.050 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.050}

(7) This rule does not authorize the leasing of any certificate, permit, or operating authority unless the leasing is approved by order of the commission as a transfer of authority under

section 390.111, RSMo.

(8) Whenever a person who is not authorized by the commission to engage in intrastate transportation leases its own equipment— (A) With or without driver, to an authorized intrastate motor carrier and the lease or any motor vehicle operations during the term of the lease do not actually comply with all the requirements of this rule, then those operations are not covered and not authorized by the lessee’s operating authority; or (B) With driver to a shipper, receiver, passenger, or chartering group, the lessor’s intrastate transportation under that lease shall be presumed to result in private carriage by the lessee if the lease and all operations under it, comply with section (2) of this rule and the term of the lease is not less than thirty (30) consecutive days. If a lease or other arrangement between a shipper, receiver, passenger, or chartering group and the owner of a motor vehicle who is not authorized by the commission to engage in intrastate transportation does not comply with these requirements, then the lessor’s motor vehicle operations shall not be presumed to be private carriage by the lessee.

Emergency amendment filed Aug. 19, 1996, effective Aug. 29, 1996, expired Feb. 24, 1997. Moved to 7 CSR 265-10.040, effective July 11, 2002. Rescinded and readopted: Filed May 2, 2013, effective Dec. 30, 2013.

History

• AUTHORITY: section 622.027, RSMo 2000. This rule originally filed as 4 CSR 265-10.040. Emergency rule filed June 14, 1985, Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed May 17, 1989, effective Sept. 11, 1989. Amended: Filed Nov. 4, 1992, effective July Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996.

7 CSR 265-10.045 Passenger Service Requirement {#sec-7-csr-265-10.045 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.045}

PURPOSE: This rule prescribes certain service requirements for motor carriers of passengers.

(1) Motor carriers of passengers shall keep all passengercarrying vehicles in a clean and sanitary condition while in operation and shall provide and maintain adequate restrooms and facilities, or shall stop at locations with public restrooms that are clean and sanitary, at sufficient intervals and for sufficient periods of time for the reasonable accommodation of passengers.

(2) Each passenger-carrying vehicle operated intrastate over a regular route or between fixed terminals shall have attached to the front of the vehicle a sign, with letters or figures not less than four inches (4") in height, designating the destination of the vehicle.

(3) The driver or operator of any motor vehicle may refuse transportation to any person if that person— (A) Is intoxicated, using profane language or behaving in a disorderly manner;

(B) Affected with a contagious disease;

(C) Presenting an unsanitary condition so as to unduly annoy other passengers;

(D) Aged under six (6) years and unaccompanied by an adult;

(E) Has not paid the regular fare; or (F) Causes the vehicle to exceed its loaded capacity.

(4) Passenger vehicles used under a certificate or permit authorizing the transportation of passengers and their baggage must be equipped to carry and properly shelter the baggage of the passengers. No carrier shall be bound to accept baggage in excess of fifty (50) pounds per passenger in weight of six (6) cubic feet per passenger in volume. as 4 CSR 265-10.045. Emergency rule filed Dec. 1, 1994, terminated Dec. 19, 1994. Emergency rule filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency rule filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency rule filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996.

Original rule filed Aug. 3, 1995, effective Feb. 25, 1996. Moved to 7 CSR 265-10.045, effective July 11, 2002. Amended: Filed May 2, 2013, effective Dec. 30, 2013.

7 CSR 265-10.050 Tariffs, Time Schedules, and Motor Carrier Documentation {#sec-7-csr-265-10.050 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.050}

PURPOSE: This rule prescribes certain requirements for the keeping, filing, application and interpretation of certain motor carrier documents including tariffs, c.o.d. records, bills of lading, expense or freight bills, manifests, delivery receipts, time schedules, certificates of public convenience and necessity, contract carrier permits and claim registers.

(1) Tariff Publication. Every common carrier, authorized by the commission to engage in intrastate transportation of passengers other than in charter service shall publish and file with the commission its tariffs specifying its rates and charges.

Every common carrier engaged in intrastate transportation of household goods between points in Missouri, shall maintain and publish its tariffs specifying its rates and charges. Also, such carriers shall keep for public inspection at each of their terminals, tariffs specifying their rates and charges and which shall— (A) Conform, when published by common carriers of household goods to the requirements contained in the Household Goods Tariff Circular No. 1-2013, available at www. modot.org/movinginmissouri;

(B) Conform, if filed upon not less than one (1) day’s notice by common carriers of passengers other than in charter service and their baggage, to the rules contained in 7 CSR 265-10.055; and (C) Any tariff not conforming to the rules, regulations, or rate orders issued by the commission or its predecessors or the applicable tariff circular may be rejected or suspended by the commission and the common carrier shall have thirty (30) days from the date of suspension to request a hearing before the Administrative Hearing Commission.

(2) Expense Bill Information. Every common motor carrier of passengers providing intrastate charter service shall issue an expense bill for each chartering group’s trip, containing the information required by the commission.

(3) Record Retention. A copy of all expense bills, delivery receipts, and any other shipping records or passenger trip records issued by a motor carrier subject to the commission’s jurisdiction shall be kept on file in the Missouri office of the carrier issuing the shipping records for not less than two (2) years after the date of issuance. Each common carrier of passengers in charter service shall maintain a complete file of consecutively numbered expense bills for inspection and audit by the commission.

(4) Time Schedules. Every regular route common carrier of passengers other than in charter service shall publish, post, and file time schedules in the format and with the required information as determined by the commission.

(5) Deviation of Service Route. Where a highway over which a motor carrier of passengers other than in charter service is authorized to operate in regular route service is temporarily obstructed or rendered unsafe by flood, slides, or other causes over which the carrier has no control or which highway or bridges on that highway are subject to weight restrictions by proper authority, the carrier may deviate from its designated route to the extent necessary to avoid the obstruction or restriction, but shall not provide service to, from, or between any points which it is not otherwise authorized to serve.

(6) Regulation Presumed. All intrastate transportation provided for hire by a motor carrier who is subject to the jurisdiction of the commission under Chapter 390, RSMo, shall be presumed to be transportation subject to the commission’s jurisdiction, except when the carrier has removed or covered up all vehicle markings which display the number of the motor carrier’s certificate or permit on each vehicle while being used for exempt transportation. This requirement is deemed to be reasonably necessary to distinguish exempt activities from regulated transportation activities pursuant to the carrier’s certificate or permit.

(7) Claims. Every motor carrier who receives a written claim for loss or damage to passengers or baggage transported by it shall acknowledge receipt of that claim, in writing, to the claimant within thirty (30) calendar days after the carrier receives the written claim. The carrier, at the time the claim is received, shall cause the date of receipt to be recorded on the claim and shall maintain a claim register. The carrier, within one hundred twenty (120) days after the receipt of the claim, shall tender payment, decline payment, or make a firm compromise settlement offer in writing to the claimant.

Emergency amendment filed Dec. 1, 1994, terminated Dec. 19, 1994. Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996.

Moved to 7 CSR 265-10.050, effective July 11, 2002. Emergency amendment filed Sept. 13, 2007, effective Oct. 3, 2007, expired March 30, 2008. Amended: Filed Sept. 13, 2007, effective March 30, 2008. Amended: Filed May 2, 2013, effective Dec. 30, 2013.

History

• AUTHORITY: section 622.027, RSMo 2000. This rule originally filed as 4 CSR 265-10.050. Emergency rule filed June 14, 1985, Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed May 17, 1989, effective Sept. 11, 1989. Amended: Filed May 2, 1991, effective Dec. 9, 1991. Amended: Filed Nov. 4, 1992, effective July 8, 1993.

7 CSR 265-10.051 Computation of Effective Dates {#sec-7-csr-265-10.051 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.051}

PURPOSE: This rule sets standards for computation of effective dates of any order or time prescribed by the division.

(1) In computing any period of time prescribed or allowed by the Missouri Department of Transportation Motor Carrier Services Division, the day that the division order is issued is not to be included. The last day of the period will be included unless it falls on a Saturday, Sunday, or state holiday in which case it is extended to the end of the next working day.

(2) When the period of time prescribed or allowed is less than seven (7) days, Saturdays, Sundays, and legal holidays falling within the period will be excluded and the period will be extended accordingly.

(3) In computing the effective date of any order of the division, the order is considered effective at 12:01 a.m. on the effective date designated in the order, whether or not the date is a Sunday or legal holiday.

(4) When an act is required or allowed to be done at or within a specified time, the Administrative Hearing Commission, at its discretion, may— (A) Order the period enlarged if a request is made before the expiration of the period originally prescribed or extended by a previous order; or (B) Permit the act to be done after the expiration of the specified period, if good cause is shown unless the lapse of that time period causes the division to lose jurisdiction over the matter or case. as 4 CSR 265-2.050. Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed July 31, 1986, effective Oct. 27, 1986. Moved to 7 CSR 265-10.051 and amended: Filed Oct. 14, 2016, effective July 30, 2017.

7 CSR 265-10.052 Name and Address Changes for Motor Carriers {#sec-7-csr-265-10.052 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.052}

PURPOSE: This rule requires motor carriers and railroad corporations to notify the division of changes of their names (including fictitious names) and any change of address of their principal place of business, prescribes the procedures for those changes, and requires intrastate motor contract carriers of passengers or household goods to notify the division of changes in the name or address of contracting shippers they are authorized to serve under their contract carrier permits.

(1) Motor carriers holding intrastate operating authority from the Missouri Department of Transportation Motor Carrier Services Division shall file with the division, not later than five (5) days after a change of name or change of address of their principal place of business becomes effective, a written request that the division record the carrier’s change of name, change of address, or both. The request shall state the numbers of every certificate and permit issued to that carrier by the division and currently in force, including both active and suspended

(A) New certificates of insurance or surety bonds setting forth the carrier’s new name and address shall be filed with and approved by the division, in accordance with 7 CSR 265- 10.052;

(B) If the change involves any change of name by a corporation, limited liability partnership, or any change of fictitious name of any person holding intrastate operating

(2) If a motor carrier’s change of name involves any change in the form of business entity owning the operating authority, such as changing from an individual to a partnership or corporation, or changing from a corporation or partnership to an individual, these changes are transfers within the meaning of section 390.111, RSMo. Both the transfer and transferee shall apply to the division for approval of every transfer as required under 7 CSR 265-10.015.

(3) Every contract carrier holding a contract carrier permit issued by the division under section 390.061, RSMo, which authorizes the intrastate transportation of passengers or household goods, shall file with the division, not later than five (5) days after learning of any change of name or change of address of a contracting shipper named in the permit, a written request that the division record the shipper’s change of name, change of address, or both. The request shall state the carrier’s own name and the number assigned to the contract carrier permit by the division, together with the former name and address of the shipper, and the new name and address of the shipper. The carrier shall attach a copy of a letter or other writing from the shipper giving notice of the change of name or address, or both. This section shall also apply if the shipper’s change of name involves any change of the entity under contract with the carrier, by incorporation, merger, or consolidation of the shipper, or by the shipper’s assignment or delegation of the contract or contract rights to another entity.

Emergency amendment filed Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994. Emergency amendment filed Dec. 20, Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1995. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Moved to 7 CSR 265-10.052 and amended:

Filed Oct. 14, 2016, effective July 30, 2017.

History

• authority. The division shall not recognize or approve a change of name or change of address under this section until the carrier has complied with the following requirements:
• authority, notice of the change of name or change of fictitious name shall be filed with the Missouri secretary of state, as otherwise required by law; and (C) If the carrier becomes a nonresident as a result of a change of address and the carrier does not maintain an office or agent in this state, it shall file with the division a writing which designates the carrier’s authorized agent upon whom legal service may be made in all actions arising in this state from any operation of a motor vehicle under authority of any certificate or permit issued to the carrier.
• AUTHORITY: section 622.027, RSMo 2016. This rule originally filed as 4 CSR 265-2.055. Original rule filed May 2, 1991, effective Dec. 9, 1991. Amended: Filed Nov. 4, 1992, effective July 8, 1993.

7 CSR 265-10.055 Passenger Tariffs {#sec-7-csr-265-10.055 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.055}

(Rescinded July 30, 2017)

Filed May 2, 2013, effective Dec. 30, 2013. Rescinded: Filed Oct. 14, 2016, effective July 30, 2017.

History

• AUTHORITY: section 622.027, RSMo 2000. This rule originally filed as 4 CSR 265-6.010. Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Emergency amendment filed Dec. 1, 1994, terminated Dec. 19, 1994. Emergency amendment filed Dec. 20, Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Moved to 7 CSR 265-10.055 and amended:

7 CSR 265-10.060 Inspection of Books, Records, Property, Equipment, and Roadside Stops by Division Personnel filed as 4 CSR 265-10.055 and 4 CSR 265-10.060. Original rule filed May 17, 1989, effective Sept. 11, 1989. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, terminated Dec. 19, 1994. Emergency amendment filed Dec. {#sec-7-csr-265-10.060 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.060}

Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Moved to 7 CSR 265-10.060, effective July 11, 2002. Rescinded: Filed May 2, 2013, effective Dec. 30, 2013.

7 CSR 265-10.070 Classification of Common Carriers by Services Performed filed as 4 CSR 265-10.060 and 4 CSR 265-10.070. Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. {#sec-7-csr-265-10.070 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.070}

Filed April 16, 1986, effective June 30, 1986. Amended: Filed May 17, 1989, effective Sept. 11, 1989. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, terminated Dec. 19, 1994. Emergency amendment filed Dec. 20, Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Emergency amendment filed Aug. 19, 1996, effective Aug. 29, 1996, expired Feb. 24, 1997. Moved to 7 CSR 265-10.070, effective July 11, 2002. Rescinded: Filed May 2, 2013, effective Dec. 30, 2013.

7 CSR 265-10.080 Rules Governing the Transportation of Household Goods filed as 4 CSR 265-10.070 and 4 CSR 265-10.080. Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. {#sec-7-csr-265-10.080 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.080}

Filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, terminated Dec. 19, 1994. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Emergency amendment filed Aug. 19, 1996, effective Aug. 29, 1996, expired Feb. 24, 1997. Moved to 7 CSR 265-10.080, effective July 11, 2002. Emergency amendment filed Sept. 13, 2007, effective Oct. 3, 2007, expired March 30, 2008.

Amended: Filed Sept. 13, 2007, effective March 30, 2008. Rescinded:

Filed May 2, 2013, effective Dec. 30, 2013.

7 CSR 265-10.090 Merger of Duplicated or Overlapping Motor Carrier Operating Authority {#sec-7-csr-265-10.090 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.090}

(Rescinded July 30, 2017)

History

• AUTHORITY: section 622.027, RSMo 2000. This rule originally filed as 4 CSR 265-2.190. Original rule filed Nov. 4, 1992, effective July 8, 1993. Moved to 7 CSR 265-10.090 and amended: Filed May 2, 2013, effective Dec. 30, 2013. Rescinded: Filed Oct. 14, 2016, effective July 30, 2017.

7 CSR 265-10.100 Regulation of Advertising by Motor Carriers {#sec-7-csr-265-10.100 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.100}

PURPOSE: This rule regulates advertising by certain motor carriers, in order to facilitate public recognition of unauthorized carriers, and prevents certain contract carriers from improperly holding out their transportation service to the general public.

(1) Every common carrier authorized to transport household goods or passengers in intrastate commerce who advertises or holds out to the general public, or a contract carrier of household goods or passengers in charter service who advertises or holds out intrastate transportation service to specific persons or specific groups in this state as engaging in transportation by motor vehicle of household goods or passengers in charter service, shall state in the advertisement or notice, in addition to any other information, the identifying number of that carrier’s certificate issued by the commission, and the carrier’s name or trade name as stated in the certificate or permit. This includes, but is not limited to, yellow pages telephone directory advertising. as 4 CSR 265-10.100. Original rule filed Nov. 4, 1992, effective July Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996.

Moved to 7 CSR 265-10.100, effective July 11, 2002. Amended: Filed May 2, 2013, effective Dec. 30, 2013.

7 CSR 265-10.110 Joint Service and Interlining by Passenger or Household Goods Carriers {#sec-7-csr-265-10.110 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.110}

PURPOSE: This proposed rule sets forth when and how motor carriers of passengers or household goods may provide service at joint through rates with other motor carriers.

(1) Every motor carrier, to the extent it is authorized by the commission to transport passengers between points in Missouri over regular routes only, may participate in joint or interline service after compliance with the applicable tariff requirements of 7 CSR 265-10.055 between any point in Missouri on its own regular route where service is authorized by its own certificate or permit, and any other point in Missouri on the regular route of another motor carrier of passengers where service is authorized by that carrier’s certificate or permit, and shall actually interchange passengers with the other carrier at an authorized point common to both carriers’ certifi cates or permits.

(2) Every motor carrier, to the extent it is authorized by the commission to transport household goods after compliance with 7 CSR 265-10.050 between any through routes in Missouri where service is authorized by its own certificate or permit, and any other point in Missouri on the regular routes of another motor carrier of household goods where service is authorized by that carrier’s certificate or permit, and shall actually interchange household goods with the other carrier at an authorized point common to both carriers’ certificates or permits. as 4 CSR 265-10.110. Original rule filed Nov. 4, 1992, effective July Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996.

Moved to 7 CSR 265-10.110, effective July 11, 2002. Rescinded and readopted: Filed May 2, 2013, effective Dec. 30, 2013.

7 CSR 265-10.120 Household Goods Tariffs {#sec-7-csr-265-10.120 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.120}

Original rule filed Sept. 13, 2007, effective March 30, 2008.

Rescinded: Filed May 2, 2013, effective Dec. 30, 2013.

History

• AUTHORITY: section 622.027, RSMo 2000. Emergency rule filed Sept. 13, 2007, effective Oct. 3, 2007, expired March 30, 2008.

7 CSR 265-10.130 Complaints {#sec-7-csr-265-10.130 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.130}

PURPOSE: This proposed rule sets forth the requirements for filing consumer complaints with the Missouri Highways and Transportation Commission.

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) Authority to File Complaints. Complaints may be made regarding the movement of household goods in intrastate commerce against any motor carrier upon the filing of such complaint with the commission.

(2) Complaint Information. The complainant shall provide to the commission the information as required on the commission’s complaint form as published by the Missouri Services Division, which is incorporated herein by reference and made a part of this rule as published by the Missouri Services Division. The form may be located at www.modot. org/movinginmissouri. April 8, 2013. This rule does not include subsequent amendments or additions.

(3) Dismissal. The complaint shall be dismissed without action and the complainant shall be notified by the commission if the complainant fails to file the required information; the description or documentation of the complaint is unclear and not sufficient to determine what act or omission is being described within the complaint; the complaint is not within the jurisdiction of the commission or the complaint is unfounded. No complaint shall be dismissed solely because of the absence of direct damage to the complainant.

(4) Disclosure. Only information open for public inspection shall be divulged to the complainant.

(5) Federal Coordination. The commission may coordinate interstate commerce complaint investigations, findings, and disposition with the U.S. Department of Transportation, Federal Motor Carrier Safety Administration.

(6) Complaint Resolution. The respondent and commission may resolve the complaint without any approval of the complainant.

If a complaint is not resolved between the commission and the respondent, the commission may prosecute the complaint as authorized by law.

History

• AUTHORITY: section 622.027, RSMo 2000. Original rule filed May 2, 2013, effective Dec. 30, 2013.

7 CSR 265-10.140 Discontinuance of Service; Suspension and Revocation of Certificates, Permits, and Property Carrier Registrations {#sec-7-csr-265-10.140 omnilex-key=us-mo-regs-official--title-7--7 CSR 265-10.140}

PURPOSE: This rule prescribes procedures for implementing the provisions of sections 390.101 and 390.106, RSMo.

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 (1) The Missouri Highways and Transportation Commission may cancel a certificate, permit, or property carrier registration which authorizes the transportation of passengers or property, upon receiving written notice from the person to whom the

(2) Whenever the commission suspends the certificate, permit, or property carrier registration of a motor carrier as provided under section 390.106, RSMo, the commission shall immediately notify the carrier of the suspension by mailing a copy of the suspension order to the carrier’s principal place of business or mailing address, if different, as shown upon the commission’s records. Within a reasonable time after suspension, the commission may request the carrier show cause why his/her certificate, permit, or property carrier registration should not be revoked.

(3) Upon a finding that any of the grounds exist for revocation as set forth in subdivisions (1), (2), (3), or (4) of section 390.106, RSMo, the commission may order the revo cation of the carrier’s certificate, permit, or property carrier registration upon not less than thirty (30) days notice to the carrier. The notice shall be sent by mail to the carrier’s principal place of business or mailing address, if different, as shown upon the commission’s records, to any carrier who holds intrastate authority.

(4) When a carrier has been given notice as provided in this

rule, a certificate, permit, or property carrier registration shall not be reinstated or restored to active status after the effective date of an order which has revoked that certificate or permit. as 4 CSR 265-2.180. Original rule filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994. Emergency amendment filed Dec.

Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Emergency amendment filed Aug. 16, 1996, effective Aug. 28, 1996, expired Feb. 23, 1997. Moved to 7 CSR 265- 10.140 and amended: Filed May 2, 2013, effective Dec. 30, 2013.

Amended: Filed Oct. 14, 2016, effective July 30, 2017.

History

• authority was issued which indicates that the person has discontinued that transportation service.