389.610. Railroad crossings construction and maintenance, highways and transportation commission to have exclusive power to regulate and provide standards--apportionment of cost.
Railroad crossings construction and maintenance, highways andtransportation commission to have exclusive power toregulate and provide standards--apportionment of cost.
389.610. 1. No public road, highway or street shall be constructedacross the track of any railroad corporation, nor shall the track of anyrailroad corporation be constructed across a public road, highway orstreet, nor shall the track of any railroad corporation be constructedacross the track of any other railroad or street railroad corporation atgrade nor shall the track of a street railroad corporation be constructedacross the tracks of a railroad corporation at grade, without having firstsecured the permission of the state highways and transportation commission,except that this subsection shall not apply to the replacement of lawfullyexisting tracks. The commission shall have the right to refuse itspermission or to grant it upon such terms and conditions as it mayprescribe.
2. Every railroad corporation shall construct and maintain good andsufficient crossings and crosswalks where its railroad crosses publicroads, highways, streets or sidewalks now or hereafter to be opened.
3. The state highways and transportation commission shall make andenforce reasonable rules and regulations pertaining to the construction andmaintenance of all public grade crossings. These rules and regulationsshall establish minimum standards for:
(1) The materials to be used in the crossing surface;
(2) The length and width of the crossing;
(3) The approach grades;
(4) The party or parties responsible for maintenance of theapproaches and the crossing surfaces.
4. The state highways and transportation commission shall have theexclusive power to determine and prescribe the manner, including theparticular point of crossing, and the terms of installation, operation,maintenance, apportionment of expenses, use and warning devices of eachcrossing of a public road, street or highway by a railroad or streetrailroad, and of one railroad or street railroad by another railroad orstreet railroad. In order to facilitate such determinations, the statehighways and transportation commission may adopt pertinent provisions ofThe Manual on Uniform Traffic Control Devices for Streets and Highways orother national standards.
5. The state highways and transportation commission shall have theexclusive power to alter or abolish any crossing, at grade or otherwise, ofa railroad or street railroad by a public road, highway or street wheneverthe state highways and transportation commission finds that publicnecessity will not be adversely affected and public safety will be promotedby so altering or abolishing such crossing, and to require, where, in itsjudgment it would be practicable, a separation of grades at any crossingheretofore or hereafter established, and to prescribe the terms upon whichsuch separation shall be made. When a road authority lawfully closes orvacates a roadway which provided access to a railroad crossing, the statehighways and transportation commission shall issue an order authorizingremoval of the crossing by the railroad within thirty days of beingnotified of such action by the roadway authority or railroad.
6. The state highways and transportation commission shall have theexclusive power to prescribe the proportion in which the expense of theconstruction, installation, alteration or abolition of such crossings, theseparation of grades, and the continued maintenance thereof, shall bedivided between the railroad, street railroad, and the state, county,municipality or other public authority in interest.
7. Any agreement entered into after October 13, 1963, between arailroad or street railroad and the state, county, municipality or otherpublic authority in interest, as to the apportionment of any cost mentionedin this section shall be final and binding upon the filing with the statehighways and transportation commission of an executed copy of suchagreement. If such parties are unable to agree upon the apportionment ofthe cost, the state highways and transportation commission shall apportionthe cost among the parties according to the benefits accruing to each. Indetermining such benefits, the state highways and transportation commissionshall consider all relevant factors including volume, speed and type ofvehicular traffic, volume, speed and type of train traffic, and advantagesto the public and to such railroad or street railroad resulting from theelimination of delays and the reduction of hazard at the crossing.
8. Upon application of any person, firm or corporation, the statehighways and transportation commission shall determine if an existingprivate crossing has become or a proposed private crossing will becomeutilized by the public to the extent that it is necessary to protect orpromote the public safety. The state highways and transportationcommission shall consider all relevant factors including but not limited tovolume, speed, and type of vehicular traffic, and volume, speed, and typeof train traffic. If it be determined that it is necessary to protect andpromote the public safety, the state highways and transportation commissionshall prescribe the nature and type of crossing protection or warningdevice for such crossing, the cost of which shall be apportioned by thestate highways and transportation commission among the parties according tothe benefits accruing to each. In the event such crossing protection orwarning device as prescribed by the state highways and transportationcommission is not installed, maintained or operated, the crossing shall beclosed to the public.
9. The exclusive power of the state highways and transportationcommission pursuant to this section shall be subject to review,determination, and prescription by the administrative hearing commission,upon application to the administrative hearing commission by any interestedparty in accordance with section 621.040, RSMo. Upon filing of anapplication pursuant to this subsection, the administrative hearingcommission is vested with the exclusive power of the state highways andtransportation commission otherwise provided in this section, withreference to matters reviewed, determined or prescribed by theadministrative hearing commission.
(RSMo 1939 § 5214, A.L. 1988 S.B. 676, A.L. 1996 S.B. 780, A.L. 2002 S.B. 1202, A.L. 2004 H.B. 795, et al.)Prior revisions: 1929 § 4757; 1919 § 9944; 1909 § 3141
CROSS REFERENCE:
Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, RSMo 226.008
(1955) Instruction stating railroad was under duty to maintain crossing in condition making it reasonably safe for public travel and to make repairs on defects which made crossing unsafe held erroneous as requiring more than statute requires. Patterson v. Thompson (A.), 277 S.W.2d 314.
(1967) An "approach to a railroad crossing" means that prepared or made condition on the highway necessary to make a safe, easy, and convenient way across the tracks. Throckmorton v. Wabash Railroad Co. (A.), 409 S.W.2d 260.
(2001) Section does not negate common law duty of railroad to use reasonable care in providing adequate warning of railroad crossings. Alcorn v. Union Pacific R.R. Co., 50 S.W.3d 226 (Mo.banc).