2023 Utah Code › Title 72 - Transportation Code › Chapter 17 - Rail Safety › Part 1 - Office of Rail Safety › Section 103 - Duties of the Office of Rail Safety.

Effective 3/31/2024
72-17-103.
Duties of the Office of Rail Safety.
(1) In accordance with 49 C.F.R. Part 212, and the authorization granted from the Federal Railroad Administration, the office shall perform the inspection, compliance, and enforcement duties in the following areas:
(a) grade crossings;
(b) hazardous materials;
(c) motive power and equipment;
(d) operating practices;
(e) signal and train control; and
(f) track.
(2) As part of the responsibilities described in Subsection (1), the office shall:
(a) inspect and investigate railroad rights-of-way, facilities, equipment, and operations of railroads in this state;
(b) notify a railroad of any violation or lack of compliance with applicable state and federal laws, rules, regulations, orders, and directives;
(c) enforce applicable state and federal laws, rules, regulations, orders, and directives relating to the transportation by rail of persons or commodities; and
(d) issue orders to require compliance with state and federal laws, rules, regulations, orders, and directives.
(3) The office shall employ a sufficient number of federally certified inspectors and staff to ensure that railroad equipment, facilities, and tracks are inspected as frequently as reasonably required to ensure compliance and safety as required under state and federal law.
(4)
(a) The office shall investigate railroad practices related to the length of time a railroad blocks a highway-railroad grade crossing.
(b) Upon petition of a political subdivision, or upon the office's own motion, the office may:
(i) conduct an investigation of the conditions related to a grade crossing; and
(ii) if necessary, conduct a hearing, make findings, and issue an order to determine whether highway-railroad crossing blocking practices of the railroad are reasonable.
(c)
(i) The office shall examine and inspect the physical condition of all railroad facilities in this state to ensure compliance with safety requirements.
(ii) As part of the inspection and examination of railroad facilities and crossings, the office shall include an examination and inspection of:
(A) the condition of railroad facilities and crossing infrastructure;
(B) whether expansion of grade crossing infrastructure or other changes are justified based on the traffic and safety conditions; and
(C) other safety considerations required by federal law.
(d) If the office determines that a railroad's highway-railroad crossing blocking practices are unreasonable, the office shall:
(i) request the Federal Railroad Administration take enforcement actions pursuant to 49 C.F.R. Sec. 212.115; and
(ii) notify the Surface Transportation Board defined in 49 U.S.C. Sec. 10102 of the unsafe and unreasonable practices.
(e) If the office finds a violation of safety requirements as described in this section or in federal law, and the office requests an enforcement action and Federal Railroad Administration does not take enforcement action as described in 49 C.F.R. Sec. 212.115, the office may seek a civil penalty not less than $500 and no more than $10,000 for each offense.
(5)
(a) The office shall examine and inspect the physical condition of all railroad facilities in this state to ensure compliance with safety requirements.
(b) If an inspector determines that a railroad facility is noncompliant, the office shall provide written notice to the railroad.
(c) If a railroad receives a notice described in Subsection (5)(b), the railroad shall remedy the condition or practice within 30 days of the date of the notice.
(d) If after 30 days from the date of the notice the railroad has not remedied the condition or practice to the office's satisfaction, the office may set the matter for hearing.
(e) After a hearing described in Subsection (5)(d), if the office determines that the condition or practice is noncompliant and the railroad has not made reasonable efforts to remedy the condition or practice, the office may issue an order requiring the railroad to:
(i) eliminate or remedy the unsafe or unlawful condition or practice; or
(ii) make any necessary repairs, alterations, or other changes to the relevant condition or practice to ensure compliance with state and federal law.
(f) In addition to any order issued under Subsection (5)(e), after a hearing described in Subsection (5)(d), if the office determines that the condition or practice is noncompliant and the railroad has not made reasonable efforts to remedy the condition or practice, and the condition or practice is so hazardous as to place a railroad employee or the public in immediate danger, the office may issue an order requiring the railroad:
(i) after 48 hours' written notice to the railroad, issue an order prohibiting:
(A) the unsafe or unlawful practice; or
(B) the use of the facility until completion of the necessary repair, alteration, or other necessary changes; and
(ii) pay a civil penalty of not more than $10,000 per violation or per day of violation of state or federal law, or a rule made in accordance with Subsection (6) or Section 72-17-107.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules necessary to:
(a) establish the Office of Rail Safety as required in this part;
(b) establish and enforce rules regarding safe and reasonable procedures and standards regarding the blocking of grade crossings, which standards and limits shall be commensurate with reasonable requirements of train and vehicular traffic operations;
(c) enforce this part and relevant state and federal law related to this part; and
(d) administer the Office of Rail Safety as described in this part.
Enacted by Chapter 42, 2023 General Session