Missouri § 389.945 - Safety rules for motor vehicles used to transport employees by rail — hearings — inspection of vehicles — penalties.

§ 389.945. Safety rules for motor vehicles used to transport employees by rail — hearings — inspection of vehicles — penalties.

1.  The motor carrier and railroad safety division of the department of economic development of Missouri shall make and enforce reasonable safety rules and regulations relating to motor vehicles designed for highway use and used by common carriers by rail to transport employees, tools and supplies, to and from their places of employment or during the course of their employment.  These rules and regulations shall establish minimum standards:

(1)  For the construction and mechanical equipment of a motor vehicle;

(2)  For the loading and carrying of tools, supplies, and employees; the transportation of gasoline, or other inflammable materials and explosives;

(3)  For the safety of employees in a motor vehicle, where gang size will not permit all employees to ride in driver's cab, adequate seating facilities, heating facilities and communication between cab and rear compartment and means of retaining tools and supplies within the motor vehicle;

(4)  The rules and regulations shall apply only to vehicles acquired after the effective date of the rules and regulations.  In case of an emergency, vehicles not complying with the rules and regulations may be used.

2.  Before formulating such rules and regulations, the division of motor carrier and railroad safety shall conduct hearings and invite participation of interested groups.  These groups may make suggestions relating to the minimum standards to be embodied in the rules and regulations.  The division shall consider the suggestions prior to the issuance of any rules and regulations.

3.  The division may amend the rules and regulations at any time upon its own motion or upon complaint by an individual or group, in the same manner as it adopts other rules and regulations.

4.  The division may, in enforcing the rules and regulations, inspect any motor vehicle to which these rules apply.  Upon request, the superintendent of the Missouri state highway patrol shall assist the division in these inspections.

5.  Violation by the owner of a motor vehicle of any rule or regulation or any amendment thereto promulgated pursuant to this section or any order issued by the division under this section, or willful failure to comply with such an order, is a misdemeanor, and upon conviction thereof, the owner shall be sentenced to undergo imprisonment for not more than one year, or to pay a fine not exceeding five hundred dollars or both.

­­--------

(L. 1965 p. 590 §§ 1 to 5)