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Missouri Department of Transportation

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MoDOT Proposed Rules

This page contains the text of a proposed rule adopted by the Missouri Highways and Transportation Commission, a summary of the proposed rule, and the official copy of the proposed rule published in the Missouri Register, along with any materials incorporated by reference.

Proposed Rule Summary Fiscal Note(s) Supporting Documents Link to Missouri Register Reference Materials Comment Form Date Posted

4 CSR 265-2.020

Division of Transportation

This rule announced the principal offices of the Division of Motor Carrier and Railroad Safety. It is proposed for rescission because the division, section names and addresses are all obsolete. N/A

Proposal

Final Order

Link   Comment 11/16/2016

4 CSR 265-2.030

(This rule is moving to 7 CSR 265-10.017) Records of the Division

The proposed amendment updates the process of maintaining records and replaces the term "Administrative Law Judge" with “Administrative Hearing Commission”.
Also, subsections 2-4 are deleted. These dealt with outdated recordkeeping and custodian of records matters as well as procedures having to do with certificates authorizing an issue of bonds (an obsolete practice). This rule will move to a new chapter and be referred to as 7 CSR 265-10.017 if accepted.

N/A

Proposal

Final Order

Link Reference Material Comment 11/16/2016

4 CSR 265-2.040

Practice by Attorneys

This rule is proposed for rescission because it is unnecessary. N/A

Proposal

Final Order

Link   Comment 11/16/2016

4 CSR 265-2.050

(This is moving to 7 CSR 265-10.051) Computation of Effective Dates

This proposed amendment replaces the term "Administrative Law Judge" with “Administrative Hearing Commission” and clarifies that the time periods in question are prescribed or allowed by the Missouri Department of Transportation Motor Carrier Services division.  This rule will move to a new chapter and be referred to as 7 CSR 265-10.051 if accepted. N/A

Proposal

Final Order

 

Link   Comment 11/16/2016

4 CSR 265-2.055

(This rule is moving to 7 CSR 265-10.052) Name and Address Change for Motor Carrier (Intrastate Authority)

This proposed amendment removes obsolete programs, procedures and references and updates the location reference of a coordinating rule. This rule will move to a new chapter and be referred to as 7 CSR 265-10.052 if accepted.

N/A

Proposal

Final Order

 

Link   Comment 11/16/2016

4 CSR 265-2.057

Interpretation of Federal Preemption Under Section 601 of the FAA Authorization Act of 1994 (Intrastate Authority)

This rule is being rescinded because it was found to be redundant. It is an interpretation of federal law. N/A

Proposal

Final Order

Link   Comment 11/16/2016

4 CSR 265-2.065

Applications for Interstate Motor Carrier Permits and Intrastate Regular Route Passenger Certificates Issued Pursuant to 49 U.S.C. Section 10922(c)(2)

This rule is proposed for rescission because the programs it refers to are obsolete. N/A

Proposal

Final Order

Link   Comment 11/16/2016

4 CSR 265-2.067

Applications to Issue or Create Certain Debt Instruments

This rule is proposed for rescission because it describes an obsolete procedure. MCS does not oversee the issuance of stocks, bonds or other instruments of indebtedness. N/A

Proposal

Final Order

Link   Comment 11/16/2016

4 CSR 265-2.069

Application for Approval of Corporation to Acquire Capital Stock of Common Carrier Incorporated Under Mo. Law

This rule is proposed for rescission because it describes an obsolete procedure. MoDOT MCS does not approve acquisition of capital stock in Missouri carriers. N/A

Proposal

Final Order

Link   Comment 11/16/2016

4 CSR 265-2.160

Rulemaking

This rule is proposed for rescission because it is redundant. N/A

Proposal

Final Order

Link   Comment 11/16/2016

4 CSR 265-2.170

Hearings Under Rulemaking

This rule is proposed for rescission because it is redundant. N/A

Proposal

Final Order

Link   Comment 11/16/2016

4 CSR 265-2.200

Motor Carrier Notice Register Publication, Scope and Subscription Orders

This rule is proposed for rescission because it describes an obsolete procedure. The Motor Carrier Notice Register is no longer mailed. N/A

Proposal

Final Order

Link   Comment 11/16/2016

4 CSR 265-6.030

Utilization of Motor Carriers in National Emergencies

This rule is proposed for rescission because it is redundant. The rule includes information from Federal and State laws and refers to agencies that no longer exist. N/A

Proposal

Final Order

Link   Comment 11/16/2016

4 CSR 265-14.010

Investigator Training

This rule is proposed for rescission because it contains obsolete practices, procedures, titles and coursework. The intended content is already addressed in MoDOT Human Resources procedures, therefore, the rule is unnecessary. N/A

Proposal

Final Order

Link   Comment 11/16/2016

7 CSR 10-1.020

Subpoenas

This proposed amendment removes an obsolete job title and expands and elevates the signature authority for subpoenas to the executive level of the department. N/A

Proposal

Final Order

Link   Comment 11/16/2016

7 CSR 10-10.010

Definitions

 

This proposed revision defines the chair of the review committee and corrects MoDOT’s contract administration function is actually performed through seven districts.

N/A

Proposal

Final Order

Link   Comment 1/18/17

7CSR 10-10.020

Explanation of Contractor Performance Rating System

This proposed revision corrects the statement in the rule that the commission does prequalify bidders.

 

N/A

Proposal

Final Order

Link   Comment 1/18/17

7 CSR 10-10.030 Rating Categories for Evaluating the Performance of a Contractor

This proposed revision provides additional clarification of the rating process.

N/A

Proposal

Final Order

Link   Comment 1/18/17

7 CSR 10-10.040 Contractor Performance Project Evaluation Used For Determining Contractor Performance

This proposed revision simplifies the title of the rule.

N/A

Proposal

Final Order

Link   Comment 1/18/17

7 CSR 10-10.050 Procedure and Schedule for Completing the Contractor Performance Project Evaluation

This proposed revision clarifies the intended use of an interim report.

N/A

Proposal

Final Order

Link   Comment 1/18/17

7 CSR 10-10.070 Procedure for Annual Rating of Contractors

This proposed revision clarifies the actions available to a contractor upon receiving an unacceptable performance rating.

N/A

Proposal

Final Order

Link   Comment 1/18/17

7 CSR 10-15.010 Prequalification to Bid of Certain Contractors

This proposed revision identifies that only electronic bids will be received and clarifies that the Construction and Materials Division is responsible for prequalification determinations of potential bidders.

N/A

Proposal

Final Order

Link   Comment 1/18/17

7 CSR 10-18.010 Definitions

This proposed amendment will identify the individuals that define the review board.

N/A

Proposal

Final Order

Link   Comment 1/18/17

7 CSR 10-18.030 Notice of Proposed Disqualification

This proposed amendment added the duration of time that is being contemplated to the proposed disqualification notice the contractor would receive.

N/A

Proposal

Final Order

Link   Comment 1/18/17

7 CSR 10-18.040 Opportunity to Appeal Proposed Disqualification and Review Board Proceedings.

This proposed amendment adds language that no appeal will be taken when the action involves a conviction, judgment, admission or debarment or other ineligibility determined by a state, political subdivision or federal entity.

N/A

Proposal

Final Order

Link   Comment 1/18/17

7 CSR 10-18.070 Period of Disqualification

This proposed amendment clarifies that a declaration to extend a disqualification period is appealable to the review board.

N/A

Proposal

Final Order

Link   Comment 1/18/17

7 CSR 10-18.090 Procedure for Reinstatement of a Contractor Previously Disqualified

This proposed amendment clarifies the intent of reinstatement.

N/A

Proposal

Final Order

Link   Comment 1/18/17

7 CSR 10-2.030

Weight Limitation Exception

This rule expired on August 31, 1989. It is recommended for rescission because it is obsolete. Similar weight limitation exception language can be found in section 304.180 RSMo. N/A

Proposal

Final Order

Link   Comment 11/16/2016

7 CSR 10-23.010 Definitions

The proposed amendment specifies membership on the review board and clarifies the role of the instructor.

N/A

Proposal

Final Order

Link   Comment 1/18/17

7 CSR 10-23.020 Certification and Certification Renewal Requirements for Qualified Sampling and Testing Technicians and Sampling or Testing Technicians-in-Training

This proposed amendment further defines the intern requirements and adds additional certification types needed for construction methods currently used and changes timeframes for retention of documents.

N/A

Proposal

Final Order

Link   Comment 1/18/17

7 CSR 10-23.030 Certification Suspension and Revocation Procedures and the Appeal Process for Technicians and Sampling or Testing Technicians-in-Training

This proposed amendment provides for the revoking of all certifications for up to 1 year by the review board, extends the records period to 5 years and provides for possible consequences to the supervisor of a person working as an intern.

N/A

Proposal

Final Order

Link   Comment 1/18/17

7 CSR 10-26.010 Arbitration Method and Selection of Arbitrator in Arbitration Proceedings

This proposed amendment changes the title of the rule.

N/A

Proposal

Final Order

Link   Comment 1/18/17

7 CSR 10-26.020

Mediation

This proposed amendment clarifies that the existing MoDOT claims process and procedures will be used as addressed in Section 105.16.6 of the Missouri Standard Specifications For Highway Construction.

N/A

Proposal

Final Order

Link   Comment 1/18/17

7 CSR 10-25.010

Skill Performance Evaluation Certificates for Commercial Drivers

This proposed amendment removes language regarding vision and limb exemptions that duplicates federal regulation. The changes also remove the requirement to publish SPE applications in the Missouri Register. N/A

Proposal

Final Order

Link Reference Material Comment 11/16/2016

7 CSR 10-25.020

Oversize and Overweight Permits

This proposed amendment removes unnecessary language, relaxes holiday travel restrictions and proof of insurance, adds to the maximum length a truck-trailer combination may be permitted, adds an additional acceptable configuration for 6-axle units hauling overweight and removes the requirement that axle lifting mechanisms must be located outside the cab of the tractor. A new permit for overweight loads of milk on interstate highways is also added. N/A

Proposal

Final Order

Link Reference Material Comment 11/16/2016

7 CSR 10-25.030

Apportioned Plate Renewal - IRP

This proposed amendment clarifies the definition of division, clarifies the temporary vehicle registration process and outlines the consequences of flagrant or repeated violation of temporary vehicle registration rules. Updates incorporation by reference dates. N/A

Proposal

Final Order

Link Reference Material Comment 11/16/2016

7 CSR 10-25.070

IFTA Definitions

This proposed amendment clarifies the definition of bulk fuel storage, fuel trip permit miles, nontaxable fuel, nontaxable miles, off highway/road miles and power take off; removes a definition no longer needed; and updates incorporated by reference materials. N/A

Proposal

Final Order

Link Reference Material Comment 11/16/2016

7 CSR 10-25.072

Fuel Tax Returns

The proposed amendment removes unnecessary language and allows eligible licensees to file their four quarterly tax returns at one, single time per year. N/A

Proposal

Final Order

Link   Comment 11/16/2016

7 CSR 10-25.080

Investigations and Audits (IRP & IFTA)

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. This proposed amendment updates the effective dates of the latest revisions to the International Registration Plan and International Fuel Tax Agreement. Incorporated by reference materials are also updated. N/A

Proposal

Final Order

Link Reference Material Comment 11/16/2016

7 CSR 265-10.015

Application Requirements for the Issuance and Transfer of Intrastate Motor Carrier Authority

This proposed amendment updates language regarding proper registration and removes unnecessary transfer language. N/A

Proposal

Final Order

Link   Comment 11/16/2016

7 CSR 265-10.025

Marking of Vehicles

This proposed amendment removes unnecessary language and modifies the requirement for displaying the USDOT number on non-CDL passenger-carrying vehicles. N/A

Proposal

Final Order

Link Reference Material Comment 11/16/2016

7 CSR 265-10.055

Passenger Tariffs

This rule is proposed for rescission because it is obsolete. N/A

Proposal

Final Order

Link   Comment 11/16/2016

7 CSR 265-10.090

Merger of Duplicated or Overlapping Motor Carrier Operating Authority

This rule is proposed for rescission because the subject of the rule is obsolete.

N/A

Proposal

Final Order

Link   Comment 11/16/2016

7 CSR 265-10.140

Discontinuance of Service; Suspension and Revocation of Certificates, Permits, and Property Carrier Registrations

This proposed amendment removes unnecessary language, and changes the responsibility of ordering revocation from the Administrative Hearing Commission to the Commission. N/A

Proposal

Final Order

Link Reference Material Comment 11/16/2016

7 CSR 60-1.010

Definitions

  • Outlines how the Department of Public Safety transferred all functions to the Department of Transportation.
  • Outlines how Missouri’s Motorcycle course curriculum be equivalent to or exceed the Uniform Procedures for State Highway Safety Grant Program 23 Code of Federal Regulations Part 1300.25 Motorcycle Rider Training Course.
  • Revise general language and how management and public or private entities conduct business.
N/A

Proposal

Final Order

Link Reference Material Comment 11/16/2016

7 CSR 60-1.020

Program Sponsor

  • Outlines how the Department of Public Safety transferred all functions to the Department of Transportation.
  • Outlines how Missouri’s Motorcycle course curriculum be equivalent to or exceed the Uniform Procedures for State Highway Safety Grant Program 23 Code of Federal Regulations Part 1300.25 Motorcycle Rider Training Course.
  • Revise general language and how management and public or private entities conduct business.
N/A

Proposal

Final Order

Link Reference Material Comment 11/16/2016

7 CSR 60-1.030

Motorcycle Instructor

  • Outlines how the Department of Public Safety transferred all functions to the Department of Transportation.
  • Outlines how Missouri’s Motorcycle course curriculum be equivalent to or exceed the Uniform Procedures for State Highway Safety Grant Program 23 Code of Federal Regulations Part 1300.25 Motorcycle Rider Training Course.
  • Revise general language and how management and public or private entities conduct business.
N/A

Proposal

Final Order

Link Reference Material Comment 11/16/2016

7 CSR 60-1.050

Verification of Course Completion

  • Outlines how the Department of Public Safety transferred all functions to the Department of Transportation.
  • Outlines how Missouri’s Motorcycle course curriculum be equivalent to or exceed the Uniform Procedures for State Highway Safety Grant Program 23 Code of Federal Regulations Part 1300.25 Motorcycle Rider Training Course.
  • Revise general language and how management and public or private entities conduct business.
N/A

Proposal

Final Order

Link Reference Material Comment 11/16/2016

7 CSR 60-1.060

Approved Motorcycle Training Course

  • Outlines how the Department of Public Safety transferred all functions to the Department of Transportation.
  • Outlines how Missouri’s Motorcycle course curriculum be equivalent to or exceed the Uniform Procedures for State Highway Safety Grant Program 23 Code of Federal Regulations Part 1300.25 Motorcycle Rider Training Course.
  • Revise general language and how management and public or private entities conduct business.
N/A

Proposal

Final Order

Link Reference Material Comment 11/16/2016

11 CSR 30-3.010

(This is moving to 7 CSR 60-3.010) Approval

The rule Missouri Driver Improvement Rule (DIP) was revised to recognize MoDOT as the appropriate agency to administer the DIP rule, clarify that approval of any driver improvement program requires such program conform to standards set forth in the National Safety Council’s eight-hour (8) “Defensive Driving Course” and properly incorporates those standards in the amended rule; and there is an increased timeline for approval of driver improvement program providers. N/A

Proposal

Final Order

Link Reference Material Comment 11/16/2016

 

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