389.1005. Light rail safe operation, maintenance and use--division's powers and duties--funds to be used, how--operator to file statement.
Light rail safe operation, maintenance and use--division's powersand duties--funds to be used, how--operator to file statement.
389.1005. 1. Except as otherwise provided in this subsection or insubsection 2 of this section, the division of motor carrier and railroadsafety shall, after hearing, adopt, in accordance with section 622.027,RSMo, and enforce rules relating to the safe operation, maintenance anduse of light rail, and the construction of light rail-highway crossings.The division of transportation shall examine the manner in which lightrail property and services are safely conducted and operated. Thedivision shall examine compliance with all the provisions of law, ordersand decisions of the division regarding the safe operation of light rail,except that if the United States has enacted a law, or any officer oragency of the United States has adopted any rule, regulation, order,decision or standard covering the subject matter of the division's rulesrelating to the safe operation, maintenance and use of light rail and theconstruction of light rail highway crossings, then compliance with thatstatute, regulation, order, decision or standard satisfies the duty ofcompliance with the law, rule, regulation, order or decision of thedivision covering that subject matter. The provisions of chapter 386,RSMo, relating to the powers and duties of the public service commissionand the procedure before the public service commission and the courts,as well as the provisions of section 622.030, RSMo, are hereby madeapplicable to the division of motor carrier and railroad safety with regardto the safe operation of light rail as provided in this subsection.
2. The division of motor carrier and railroad safety shall notexamine any individual or joint rate, fare, toll, charge, or othercompensation of any person or any two or more persons or any scheduleor tariff setting fares or rates for light rail or the hours of service,frequency, use and accommodations afforded customers or patrons of lightrail or products or commodities furnished in connection with the operationof light rail.
3. The division may contract with the bi-state development agencycreated by section 70.370, RSMo, for safety consultation pursuant to thedivision's duties created by this section. Any moneys paid pursuant tothis subsection shall be deposited in the light rail safety fund created insection 389.1010.
4. The division shall render a statement of such assessment to eachlight rail operator on or before July first and the amount so assessed toeach light rail operator shall be paid by it to the director of revenue infull on or before July fifteenth immediately following the rendition ofsuch statement, except that any such light rail operator may pay suchassessment in four equal installments not later than the following datesimmediately following the rendition of such statement, by making paymentson July fifteenth, October fifteenth, January fifteenth and Aprilfifteenth. The director of revenue shall remit such payments to the statetreasurer.
5. The state treasurer shall credit such payments to the railroadexpense fund established under section 622.015, RSMo. Notwithstanding anyprovisions of section 622.015, RSMo, to the contrary, that portion of therailroad expense fund received from light rail assessments pursuant to thissection shall be devoted solely to the payment of expenditures incurred bythe division of motor carrier and railroad safety within the department ofeconomic development and attributable to the regulation of light rail.
6. In order to enable the division to make the assessments providedfor in this section, each light rail operator shall file with the division,within ten days after August 28, 1996, and thereafter on or before Marchthirty-first of each year, a statement under oath showing its totaloperated train miles for the preceding calendar year, and if any light railoperator shall fail to file such a statement within such time, the divisionshall estimate such miles which estimate shall be binding on such lightrail operator for the purpose of this section.
(L. 1996 H.B. 876 § 1)CROSS REFERENCE:
Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, RSMo 226.008