2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 2 - Department of Transportation › Section 214 - Department designated as state safety oversight agency for rail fixed guideway public transportation safety -- Powers and duties -- Rulemaking.

Effective 5/8/2018
72-1-214.
Department designated as state safety oversight agency for rail fixed guideway public transportation safety -- Powers and duties -- Rulemaking.
(1)
(a) Except as provided in Subsection (1)(b), as used in this section, "fixed guideway" means the same as that term is defined in Section 59-12-102.
(b) For purposes of this section, "fixed guideway" does not include a rail system subject to regulation by the Federal Railroad Administration.
(2) The department is designated as the state safety oversight agency for rail fixed guideway public transportation safety in accordance with 49 U.S.C. Sec. 5329(e)(4).
(3) As the state safety oversight agency, the department may, to the extent necessary to fulfill the department's obligations under federal law:
(a) enter into and inspect the property of a fixed guideway rail system receiving federal funds without prior notice to the operator;
(b) audit an operator of a fixed guideway rail system receiving federal funds for compliance with:
(i) federal and state laws regarding the safety of the fixed guideway rail system; and
(ii) a public transportation agency safety plan adopted by a specific operator in accordance with 49 U.S.C. Sec. 5329(d);
(c) direct the operator of a fixed guideway rail system to correct a safety hazard by a specified date and time;
(d) prevent the operation of all or part of a fixed guideway rail system that the department has determined to be unsafe;
(e) audit, review, approve, and oversee an operator of a fixed guideway rail system receiving federal funds for compliance with a plan adopted by the operator in compliance with 49 U.S.C. Sec. 5329(d); and
(f) enforce statutes, rules, regulations, and executive orders relating to the operation of a fixed guideway rail public transportation system in Utah.
(4) The department shall, at least annually, provide a status report on the safety of the rail fixed guideway public transportation systems the department oversees to:
(a) the Federal Transit Administration;
(b) the governor; and
(c) members of the board of any rail fixed guideway public transportation system that the department oversees in accordance with this section.
(5)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules necessary to administer and enforce this section, including rules providing for the legal and financial independence of state safety oversight agency activities and functions.
(b) The rules made in accordance with Subsection (5)(a) shall conform to the requirements of and regulations enacted in accordance with 49 U.S.C. Sec. 5329.
(6)
(a) Notwithstanding any other agreement, a county, city, or town with fixed guideway rail transit service provided by a public transit district that is subject to safety oversight as provided in this section may request local option transit sales tax in accordance with Section 59-12-2206 and spend local option transit sales tax in the amount requested by the department to meet nonfederal match requirements for costs of safety oversight described in this section.
(b) A county, city, or town that requests local option transit sales tax as described in Subsection (6)(a) shall transmit to the department all of the funds requested under Subsection (6)(a) and transmitted to the county, city, or town under Subsection 59-12-2206(5)(b).
(c) A county, city, or town that requests local option transit sales tax as described in Subsection (6)(a) may not request more local option transit sales tax than is necessary to carry out the state safety oversight functions under this section and the amount shall only reflect a maximum of 20% nonfederal match requirement of eligible costs of state safety oversight.
Amended by Chapter 424, 2018 General Session