reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 5 - Airport Project and Grant Management Procedures › Section IX-513 - Violation; Cancellation of Grant

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Airport grant awards may be terminated under the following conditions:
1. by the mutual agreement and consent of
				  DOTD and the airport sponsor.
2. by
				  the airport sponsor, should they desire to cancel the project, up to the
				  receipt of bids, provided that any costs incurred for the preparation of plans
				  shall not be eligible for reimbursement by DOTD.
3. by DOTD, due to lack of available state
				  funding for the projects.
4. by
				  DOTD, if the airport sponsor does not transmit an executed agreement within
				  twelve calendar months.
5. by DOTD,
				  if the grant has no activity within 12 calendar months.
6. upon review by DOTD, if the airport is
				  officially declared in noncompliance with federal or state laws, regulations,
				  rules, or policies by the FAA, the Louisiana Legislative Auditor, or
				  DOTD.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 7 - Unmanned Aircraft Systems (UAS) Program › Section IX-701 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. Program Intent. The intent of the program
				  is to manage the Unmanned Aerial Systems (UAS) Program for the Louisiana
				  Department of Transportation and Development, and to stimulate innovation and
				  provide efficiencies for project delivery and program development. The
				  Louisiana Department of Transportation and Development, Aviation Division,
				  hereinafter referred to as (DOTD), will foster UAS operational safety and
				  protect the health and safety of persons and property of the citizens of
				  Louisiana and those engaged in UAS operations. Further, the program will
				  promote UAS statewide, assist with inspection of facilities, and provide
				  guidance for operational safety protocols to local governments, which operate
				  their own UAS equipment.
B.
				  Definitions
Unmanned Aircraft System (UAS)
-unmanned
					 aircraft and its associated elements (including communications links and the
					 components that control the small-unmanned aircraft) that are required for the
					 safe and efficient operation of the unmanned aircraft in the national airspace
					 system.
Unmanned Aircraft Vehicle (UAV)
-aircraft
					 operated without the possibility of direct human intervention from within or on
					 the aircraft.
C. Purpose.
				  The primary role of the UAS Program is to obtain terrestrial imagery of the
				  state's infrastructure to inform various workflows within the
				  Department.
D. Flight/Mission
				  Request Procedures. A request may be submitted to the UAS Program through the
				  online "Drone Flight Request" Form or the UAS Program GIS Portal.
1. The link to the online Drone Flight
				  Request Form and the UAS Program GIS Portal may be found on the Drone's and
				  Unmanned Aircraft System's (UAS) area of the DOTD Aviation Website.
2. Flight information to be submitted shall
				  include:
a. name;
b. agency/section;
c. contact information;
d. date/time/location;
e. expected deliverables;
f. mission description;
g. special areas of concern; and
h. an area map.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 11 - Speed Restrictions for Railroad Traffic › Section IX-1101 - General Procedure for Municipality Request

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance with the provisions of
				  R.S.
				  48:389, the Department of Transportation and
				  Development has set forth the following procedures for compliance
				  therewith.
B. In order to establish
				  speed restrictions for railroad traffic within the specified areas of corporate
				  limits of a municipality, the governing body of said municipality shall adopt a
				  resolution and forward it to the director of Intermodal Transportation
				  Division, Department of Transportation and Development, Box 94245, Baton Rouge,
				  LA 70804. This written request in the form of a resolution shall contain the
				  following:
1. name of the railroad carrier or
				  company to be affected, and location of the railroad track to be affected,
				  giving exact locations where the restricted speed limit(s) are
				  requested;
2. documentation and
				  explanation of the unique characteristics of the essentially local safety
				  hazard that is sought to be eliminated or reduced, including documentation of
				  all accidents or incidents;
3.
				  regulatory and warning devices in existence and location of each;
4. applicable automobile speed limits at any
				  affected railroad crossing(s).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 11 - Speed Restrictions for Railroad Traffic › Section IX-1103 - Notification of Railroad

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				  receipt of the request by the municipality, the director of public
				  transportation shall contact the affected railroad(s) through the local
				  railroad office. If unable to locate a local office, the director shall seek
				  the assistance of the general counsel and legislative representative, Louisiana
				  Railroads, Baton Rouge, Louisiana. A copy of the request of the municipality
				  shall be forwarded to the affected railroad.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:389.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 11 - Speed Restrictions for Railroad Traffic › Section IX-1105 - Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to the
				  evidentiary hearing referred to below, the department, through its appropriate
				  district office, shall conduct an investigation of the particular site
				  regarding the problem within the municipality and shall furnish a written
				  report containing its findings to the director of public
				  transportation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:389.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 11 - Speed Restrictions for Railroad Traffic › Section IX-1107 - Notification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to the
				  evidentiary hearing referred to below, the department shall publish in the
				  "Potpourri" Section of the
Louisiana Register
notice of the
				  date, time and place of the evidentiary hearing. Copies of the notice shall
				  also be sent to the affected parties and other parties who have expressed an
				  interest in the railroad speed limit being considered.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:389.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 11 - Speed Restrictions for Railroad Traffic › Section IX-1109 - Location of Public Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  public hearing to be conducted by the Department of Transportation and
				  Development shall take place at the DOTD Headquarters Building, 1201 Capitol
				  Access Road, Baton Rouge, LA.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:389.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 11 - Speed Restrictions for Railroad Traffic › Section IX-1111 - Public Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. A committee
				  shall be formed within the department to conduct the public hearing, accept
				  evidence, and render written reasons for its findings. This procedure shall be
				  conducted in accordance with the Administrative Procedure Act,
				  R.S.
				  49:950 et seq., and
				  R.S.
				  48:389. Said committee shall be composed of
				  representatives of the following sections appointed by the secretary of the
				  department: Intermodal Transportation Division; legal section; maintenance
				  section; traffic and planning section. The committee shall publish necessary
				  rules in accordance with the Administrative Procedure Act.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:389.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 11 - Speed Restrictions for Railroad Traffic › Section IX-1113 - Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. An appeal may be
				  made of the decision of the hearing committee by the affected party(ies) as
				  provided in the Administrative Procedure Act. Said appeal may be made to the
				  appropriate state district court.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:389.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 11 - Speed Restrictions for Railroad Traffic › Section IX-1115 - Regulation Order

Current through Register Vol. 50, No. 6, June 20, 2024
A. Following
				  adoption of the administrative rule establishing a railroad speed limit, a
				  regulatory order shall also be filed within the Department of Transportation
				  and Development and shall be filed in the Office of the Clerk of Court in the
				  parish affected.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:389.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 13 - Safety Requirements for Railroad Grade Crossings › Section IX-1301 - Closures of Grade Crossings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Applicability: Unless otherwise provided herein, this Rule shall apply to all
				  public railroad grade crossings.
B.
				  The department evaluates railroad grade crossings in accordance with  23 CFR 646
				   relative to railroad-highway projects based upon the following criteria:
1. estimated daily vehicular use at the
				  crossing;
2. average number of
				  trains passing the crossing per day (as provided by the railroad);
3. availability of alternative routes and
				  distances to such routes;
4. train
				  speeds at the crossing (as provided by the railroad);
5. highway/railroad accident/incident history
				  at the crossing;
6. existing
				  warning devices at the crossing;
7.
				  degree of difficulty involved in improving the roadway approach by profile or
				  in providing adequate warning devices such as flashing lights, gates,
				  etc.;
8. sight distance and
				  visibility at the crossing;
9.
				  angle of intersection of alignments of the roadway and the railroad;
10. redundancy of crossings in the
				  area;
11. proximity of a state
				  highway, new crossing or recently upgraded crossing;
12. number of school busses using the
				  crossing (as provided by the local governing authority);
13. number of unique vehicles using the
				  crossing, such as those which carry hazardous materials or passengers for hire
				  (as provided by the local governing authority); and
14. effect of any change on usage by
				  emergency vehicles (as provided by the local governing authority).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 13 - Safety Requirements for Railroad Grade Crossings › Section IX-1303 - Obstruction of Roadways at Railroad Grade Crossing for a Maximum of Twenty Minutes-Variances

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Pursuant to the provisions of
				  R.S.
				  48:390 and
				  R.S.
				  48:390.1, any railroad or public agency may
				  submit a formal application to the department requesting a variance from the
				  requirements of that section relative to blockage of a public highway/railroad
				  at-grade crossing for more than 20 minutes or may request that different
				  regulations be applied in connection with operation over a specific crossing
				  where local conditions require. This rule is applicable only to the public
				  highway/railroad crossings.
B.
				  Elements of the application:
1. identity of
				  any public agencies within the geographic area;
2. identity of any railroads which may be
				  affected by the variance;
3.
				  identify any previous steps which may have been taken in an attempt to achieve
				  an alternative to the proposed variance;
4. provide Federal Railroad Administration
				  requirements that would affect the feasibility of meeting the allowable
				  conditions as provided for in
				  R.S.
				  48:390 and
				  R.S.
				  48:390.1;
5. identify the unique local conditions which
				  require or support the variance.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 13 - Safety Requirements for Railroad Grade Crossings › Section IX-1305 - Criteria for Erection of Stop Signs at Highway Grade Crossings

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance
				  with the provisions of
				  R.S.
				  32:172, the department will assist local
				  governing bodies in evaluation of public highway/railroad at-grade crossings
				  which have no active warning devices for consideration of stop signs which
				  would enhance the regulatory warning of the crossbuck sign.
B. Considerations:
1. number of collisions which have occurred
				  at the crossing;
2. whether the
				  crossing is considered "high profile";
3. whether the crossing has reduced site
				  distance or visibility on the approaches so that vehicular traffic must
				  substantially slow down or stop in order to see up and down the
				  track.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 15 - State Safety Oversight for Rail Fixed Guideway Public Transportation Systems › Section IX-1501 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Intermodal
				  Surface Transportation Efficiency Act of 1991 (ISTEA), signed on December 18,
				  1991, required the Federal Transit Administration (FTA) to create a first-ever
				  State-managed safety and security oversight program for rail fixed guideway
				  public transportation systems (RFGPTS) not regulated by the Federal Railroad
				  Administration. In each successive Act following ISTEA, including the
				  Transportation Equity Act for the 21st Century (TEA-21), signed on June 9,
				  1998, and the Safe, Accountable, Flexible, Efficient Transportation Equity Act:
				  A Legacy for Users (SAFETEA-LU), signed on August 10, 2005, the state safety
				  oversight (SSO) program was continued, setting the stage for the safety and
				  programmatic advances required under the Moving Ahead for Progress in the 21st
				  Century Act (MAP21) signed July 6, 2012 and continued under the Fixing Americas
				  Surface Transportation Act (FAST Act), signed on December 4, 2015.
B. On March 16, 2016, FTA issued the  49 CFR
				  Part 674  final rule. This rule reflects the requirements of
				  49 U.S.C. section
				  5329(e), and directs states
				  to strengthen their authorities to oversee and enforce safety requirements and
				  to prevent and mitigate accidents on the RFGPTS in their
				  jurisdictions.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:214;  49 C.F.R Part 674 ;
					 49 U.S.C. §
												5329.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 15 - State Safety Oversight for Rail Fixed Guideway Public Transportation Systems › Section IX-1503 - Program Management

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Authority. The State of Louisiana re-designated the Louisiana Department of
				  Transportation and Development (LADOTD) as the state safety oversight agency
				  (SSOA) for Louisiana in 2014. This enabling authority is found at Louisiana
				  Revised Statute 48:214. The SSOA authority applies to any Rail Transit Agency
				  (RTA) operating a RFGPTS in Louisiana. References to the RTA or RFGPTS do not
				  apply to one specific RTA, but to any RTA operating in Louisiana.
NOTE: The New Orleans Regional Transit Authority is the
					 only RTA/RFGPTS currently subject to oversight in the State of
					 Louisiana.
B. Policies That
				  Govern SSOA Activities. The SSO program is administered by the state safety
				  oversight program manager. The program manager is responsible for carrying out
				  the policies enumerated in the state safety oversight program standard (SSOPS)
				  and the specific activities and objectives provided in the procedures manual.
				  The SSOA program is currently administered through the Office of Multimodal
				  Commerce at the LADOTD and supported by the commissioner of multimodal
				  commerce, the deputy commissioner of multimodal commerce, and the freight and
				  passenger rail development statewide program manager. The SSOA program manager
				  and any staff or contractors will meet the training requirements of the public
				  transportation safety certification training program.
C. SSOA Reporting Requirements. On or before
				  March 15th of each year, the SSOA will submit the following material to the
				  Louisiana Governors Office, the RTA Board of Commissioners, and the FTA:
1. the SSOPS and the accompanying procedures
				  manual, with an indication of any changes to those documents during the
				  preceding 12 months;
2. evidence
				  that each of its employees and contractors has completed the requirements of
				  the public transportation safety certification training program, or, if in
				  progress, the anticipated completion date of the training;
3. a publicly available report that
				  summarizes its oversight activities for the preceding 12 months, describes the
				  causal factors of accidents identified through investigation, and identifies
				  the status of corrective actions, changes to the RTA safety plan, and the level
				  of effort by the SSOA in carrying out its oversight activities;
4. a summary of the triennial audits
				  completed during the preceding 12 months, and the RTAs progress in carrying out
				  corrective action plans (CAP) arising from triennial audits (if
				  conducted);
5. evidence that the
				  SSOA has reviewed and approved any changes to the RTA safety plan during the
				  preceding 12 months; and
6. a
				  certification that the SSOA is in compliance with the requirements 49 CFR Part
				  674.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 15 - State Safety Oversight for Rail Fixed Guideway Public Transportation Systems › Section IX-1505 - SSOPS Development

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				  SSOPS was developed in compliance with  49 CFR Part 674  and aspects of the
				  previous Louisiana State Standard developed under  49 CFR Part 659 . This SSOPS
				  is a policy document and is hereby adopted into Louisiana Administrative Code:
				  Title 70 Part IX.Chapter 15. This SSOPS, along with Louisiana Revised Statutes
				  48:214, give the SSOA the necessary authority to administer the enhanced
				  oversight of RFGPTS in Louisiana as envisioned in  49 CFR Part 674 . An
				  accompanying procedures manual has been created to address changes in industry
				  standards, safety related guidance from FTA, and general procedural or
				  administrative changes to standard operating practices between the SSOA and
				  RTA. The creation of the procedures manual reduces the legislative and
				  administrative burden on the SSOA.
B. Review and Revision. The SSOPS policy
				  document and procedures manual are reviewed at least annually. Any changes to
				  either document are submitted to FTA (and as appropriate to the RTA) for review
				  with the annual report by March 15th of each year. Additionally, changes in
				  procedures may be addressed at any time as needed.
C. Minimum Safety Standards. The SSOPS policy
				  document, along with the Louisiana Revised Statutes 48:214, provides the SSOA
				  the necessary authority to develop any rules and/or regulations necessary to
				  enforce minimum safety standards of operation by RFGPTS operators in the state
				  of Louisiana. Much like FTAs public transportation safety program does not
				  outline those minimum standards, but does so in the national public
				  transportation safety plan, this policy document requires all Louisiana RTAs to
				  meet or exceed any nationally recognized safety standards for operating rail
				  fixed guideway public transportation systems. The SSOA procedures manual will
				  contain any minimum safety standards deemed necessary beyond those developed by
				  the RTA to facilitate safe operations or published by the FTA in the national
				  public transportation safety plan or those developed by industry recognized
				  leaders such as the American Public Transportation Association (APTA), etc. The
				  SSOA will provide written notice of updates posted in the procedures manual and
				  all Louisiana RTAs will be required to adhere to those rules and
				  procedures.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:214;  49 C.F.R Part 674 ;
					 49 U.S.C. §
												5329.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 15 - State Safety Oversight for Rail Fixed Guideway Public Transportation Systems › Section IX-1511 - Triennial SSOA Audits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Audit
				  Procedures. In addition to on-going inspections, investigations, and
				  examinations of RTA safety implementation procedures, the SSOA will conduct an
				  on-site audit of the RTAs implementation of its safety program at least once
				  during each three-year cycle. The SSOA and RTA may agree that the SSOA will
				  conduct its audit on an ongoing basis over the three-year cycle. The three-year
				  audit will be a comprehensive review and evaluation of the effectiveness of the
				  RTA safety plan and other standard operating procedures. The audit will
				  generally be conducted prior to the FTA triennial audit of the SSOA Program. In
				  anticipation of a three-year audit of the RTA safety program, the SSOA will
				  establish an audit team and audit schedule; develop audit checklists for use
				  during the audit, provide the RTA with written notification of the audit
				  schedule 60 days in advance, and offer the RTA an opportunity to schedule a
				  pre-audit meeting to ensure clarity of SSOA audit objectives. The SSOA will
				  provide the RTA with the list of team members and audit checklists 30 days in
				  advance of the audit. The audit is intended to be an open and collaborative
				  process with the RTA with the primary goal of improving safety procedures
				  documentation and implementation at the RTA.
B. Audit Findings. A list of audit findings
				  will be incorporated into an audit tracking matrix. The matrix will provide the
				  findings and any comments developed by the SSOA necessary to clarify the intent
				  of the finding. The matrix will be used to track any findings to
				  resolution.
C. Audit Report. Any
				  findings established during a triennial audit will be documented in a draft
				  written report along with recommendations for improvements (including
				  recommended CAPs) to the safety plan or other documentation related to the
				  effectiveness of the RTA safety plan and safe operations of the RFGPTS. The RTA
				  will have an opportunity to comment on the content of the report, including the
				  findings and recommendations prior to the SSOA publishing the final audit
				  report. If the RTA has alternative methods to address the recommendations
				  provided by the SSOA in the draft audit report, the SSOA will consider those
				  and initiate dialogue as appropriate. The SSOA review team will make revisions,
				  if appropriate to the goals of the audit, and will distribute the final audit
				  report. Corrective actions required, as a result of the audit, will be managed
				  through the corrective action process. The SSOA will transmit final audit
				  reports to the FTA.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:214;  49 C.F.R Part 674 ;
					 49 U.S.C. §
												5329.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 15 - State Safety Oversight for Rail Fixed Guideway Public Transportation Systems › Section IX-1513 - Accident Notification

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Requirements
1. The SSOA requires the RTA to
				  report the following accidents (reportable accident):
a. fatality (occurring at the scene or within
				  30 days following the accident).
b.
				  one or more persons suffering serious injury (Serious injury means any injury
				  which:
i. requires hospitalization for more
				  than 48 hours, commencing within 7 days from the date of the injury was
				  received;
ii. results in a fracture
				  of any bone (except simple fractures of fingers, toes, or nose);
iii. causes severe hemorrhages, nerve,
				  muscle, or tendon damage;
iv.
				  involves any internal organ; or
v.
				  involves second- or third-degree burns, or any burns affecting more than 5
				  percent of the body surface).
c.
substantial damage
-damage
				  to any involved vehicles, facilities, equipment, rolling stock, or
				  infrastructure that disrupts the operations of the rail transit agency and
				  adversely affects the structural strength, performance, or operating
				  characteristics of the asset, such that it requires towing, rescue, on-site
				  maintenance, or immediate removal prior to safe operation;
d. a collision involving a rail transit
				  vehicle that:
i. meets an injury, fatality,
				  substantial damage, or evacuation threshold;
ii. includes suicides or attempted suicides
				  that involve contact with a transit vehicle;
iii. occurs at a rail grade
				  crossing;
iv. involves an
				  individual in the right-of-way;
v.
				  involves a rail transit vehicle and a second rail transit vehicle; or
vi. includes collisions that do not involve a
				  transit revenue vehicle but meet a threshold.
e. a runaway train;
f. an evacuation for life safety
				  reasons;
g. any derailment of a
				  rail transit vehicle, at any location, at any time, whatever the
				  cause.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 15 - State Safety Oversight for Rail Fixed Guideway Public Transportation Systems › Section IX-1517 - Corrective Action Plans

Current through Register Vol. 50, No. 6, June 20, 2024
A. The SSOAs
				  primarily concern is the safety of the travelling public using a RFGPTS.
				  Corrective action plans are an integral part of ensuring safety. The SSOA will
				  work with the RTA to ensure that corrective actions are implemented in a timely
				  fashion and corrective actions are commensurate to the severity of the
				  potential safety related hazard.
1.
				  Development
a. CAPs may be identified and
				  developed through a number of processes and procedures including: accident
				  investigation reports developed by the RTA, SSOA, FTA or NTSB; internal safety
				  audits conducted by the RTA; three-year audits conducted by the SSOA or FTA; or
				  the RTA hazard management program. CAPs may be identified by other activities
				  as well and may be initiated by RTA or required by the SSOA. In any instance
				  where the RTA must develop and carry out a CAP, the SSOA will review and
				  approve the CAP before the RTA carries out the plan; however, an exception may
				  be made for immediate or emergency corrective actions that must be taken to
				  ensure immediate safety, provided that the SSOA has been given timely
				  notification, and the SSOA provides subsequent review and approval. A CAP must
				  describe, specifically, the actions the RTA will take to minimize, control,
				  correct, or eliminate the risks and hazards identified by the CAP, the schedule
				  for taking those actions, and the individuals responsible for taking those
				  actions.
b. The SSOA will notify
				  RTA of its approval or rejection of a corrective action plan within 15 calendar
				  days of receiving the CAP. In the event the SSOA rejects a CAP, the reasons and
				  recommended revisions will be stated in writing. RTA shall submit a revised CAP
				  to the SSOA no later than 15 calendar days following the rejection. If the RTA
				  does not agree with the proposed revisions, the SSOA and RTA shall meet to
				  resolve differences regarding the CAP. In any instance in which a safety event
				  on the RTAs RFGPTS is the subject of an investigation by the NTSB, the SSOA
				  will evaluate whether the findings or recommendations by the NTSB require CAP
				  development by the RTA, and if so, the SSOA will order the RTA to develop and
				  carry out the CAP.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 15 - State Safety Oversight for Rail Fixed Guideway Public Transportation Systems › Section IX-1519 - Annual Reporting to FTA: SSOA Reporting Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. On or before March 15th of each year, the
				  SSOA will submit the following material to the Louisiana Governors Office, the
				  RTA Board of Commissioners, and the FTA (submitted electronically through a
				  specified reporting system):
1. the SSOPS and
				  the accompanying procedures manual, with an indication of any changes to those
				  documents during the preceding 12 months;
2. evidence that each of its employees and
				  contractors has completed the requirements of the public transportation safety
				  certification training program, or, if in progress, the anticipated completion
				  date of the training;
3. a publicly
				  available report that summarizes its oversight activities for the preceding 12
				  months, describes the causal factors of accidents identified through
				  investigation, and identifies the status of corrective actions, changes to the
				  RTA safety plan, and the level of effort by the SSOA in carrying out its
				  oversight activities;
4. a summary
				  of the triennial audits completed during the preceding 12 months, and the RTAs
				  progress in carrying out corrective action plans arising from triennial audits
				  (if conducted);
5. evidence that
				  the SSOA has reviewed and approved any changes to the RTA safety plans during
				  the preceding 12 months; and
6. a
				  certification that the SSOA is in compliance with the requirements 49 CFR Part
				  674.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 15 - State Safety Oversight for Rail Fixed Guideway Public Transportation Systems › Section IX-1521 - Procedures Manual Content

Current through Register Vol. 50, No. 6, June 20, 2024
A. Program
				  Policies and Objectives
1. The policy
				  statement of the Louisiana SSO program. The Louisiana Department of
				  Transportation and Developments State Safety Oversight Program is responsible
				  for the development and implementation of an effective and comprehensive state
				  safety oversight program to ensure that all rail fixed guideway public
				  transportation systems in its jurisdiction fully define and implement a safety
				  program that is compliant with all applicable state and federal rules and
				  regulations.
2. The objectives for
				  the SSO program include the following:
a.
				  developing and maintaining an SSO program meeting the federal and state
				  requirements, including but not limited to 49 CFR Parts 674.11(f),
				  674.13(a)(1-3) and 674.41(c);
b.
				  assuring that SSO program staff and contractors meet training and qualification
				  requirements outlined in the public transportation safety certification
				  training program interim provisions;
c. providing oversight and technical
				  assistance to the RTA in developing, maintaining, evaluating and implementing a
				  safety program wholly owned by the RTA, not the state of Louisiana;
d. working cooperatively with the RTA and FTA
				  SSO program, to improve system safety performance and reduce system safety risk
				  to as low as reasonably practical;
e. ensuring RTA conducts investigations and
				  internal audits as required, and participating as appropriate (SSOA may choose
				  to lead, participate in, or conduct independent investigations, audits or
				  inspections);
f. ensuring RTA
				  executive staff fully support the safety principles and methods of safety
				  management systems (SMS) as the basis for enhancing the safety of public
				  transportation;
g. ensuring RTA
				  safety staff and contractors meet training and qualifications outlined in the
				  public transportation safety certification training program interim
				  provisions;
h. participating in
				  safety meetings;
i. ensuring that
				  investigations are conducted to determine causality, reviewing investigations
				  of accidents/incidents/events as appropriate;
j. providing guidance and input to the RTA
				  safety implementation program;
k.
				  investigating any allegations of an RTAs non-compliance with their safety
				  plan.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart B - Network › Chapter 50 - Transportation Network Companies › Section IX-5001 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  this regulation is to provide uniform rules, regulations and procedures to
				  govern Transportation Network Companies (TNC), its drivers and vehicles
				  throughout the state in order to protect and promote the safety and welfare of
				  the residents of Louisiana.
B.
				  Nothing in these rules shall exempt any Transportation Network Company or
				  participating driver from complying with all applicable laws; and municipal and
				  parochial ordinances relating to the ownership, registration, and operation of
				  automobiles in this state including those provided for Title 45 Part C of the
				  Transportation Network Company Motor Vehicle Responsibility Law as provided for
				  in
				  R.S.
				  45:201.1 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:2205.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart B - Network › Chapter 50 - Transportation Network Companies › Section IX-5003 - Application and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  following rules and regulations are promulgated in accordance and under the
				  authority of the Secretary of the Department of Transportation and Development
				  as afforded and designated by Act 286, Regular Session 2019,
				  R.S.
				  48:2191, et seq.,
				  R.S.
				  45:201.1 et. seq., and
				  R.S.
				  36:504.
B. These rules shall apply to Transportation
				  Network Companies, its drivers and local governments.
C. Any previous rules promulgated in
				  association or relative to Transportation Network Companies are
				  repealed.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:2205.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart B - Network › Chapter 50 - Transportation Network Companies › Section IX-5005 - Limitations of Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nothing in
				  this Section shall be construed to prohibit the state from maintaining,
				  enforcing, prescribing, or continuing in effect any law or regulation regarding
				  the sale, distribution, repair, or service of vehicles pursuant to Title 32 of
				  the Louisiana Revised Statutes of 1950.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:2205.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart B - Network › Chapter 50 - Transportation Network Companies › Section IX-5009 - Transportation Network Company Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person shall not operate a company in
				  the state of Louisiana without first submitting and obtaining an approved
				  permit from the department.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:2205.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart B - Network › Chapter 50 - Transportation Network Companies › Section IX-5013 - Transportation Network Company Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. TNC shall require drivers to operate and
				  maintain the vehicle in accordance with all motor vehicle laws of the state of
				  Louisiana including but not limited to
				  R.S.
				  32:1301 et. seq.,
				  R.S.
				  32:318,
				  R.S.
				  32:327,
				  R.S.
				  45:201.1 et seq.
B. Before an individual is authorized to
				  accept trip requests through a transportation network company's digital
				  network, the company shall require the driver and the drivers vehicle to comply
				  with all laws of the state of Louisiana including all motor vehicle laws
				  pertaining to vehicles, inspections, and criminal laws.
1. The individual shall submit an application
				  to the company, which includes information regarding his
a. address;
b. age;
c. driver's license;
d. motor vehicle registration;
e. insurance;
f. state vehicle inspection; and
g. any other information required by the
				  company or imposed by the department.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart B - Network › Chapter 50 - Transportation Network Companies › Section IX-5015 - Permit Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Companies
				  shall file an application for renewal annually with the Office of the Secretary
				  of the Department of Transportation and Development.
1. A permit is considered valid until June
				  30, following the date of issue.
2.
				  Renewal applications shall be submitted annually by July 1.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart B - Network › Chapter 50 - Transportation Network Companies › Section IX-5017 - Suspension and Revocation of Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Permits may be suspended for a period of
				  time specified by the department, or until the company is in compliance with
				  the rules of the agency.
B. If the
				  department finds a company non-compliant with the principles of public policy
				  or any of the following, after notice to the TNC, the agency may revoke or
				  suspend a company's permit to operate within the state:
1. failure to maintain the requirements of a
				  permit;
2. failure to conduct or
				  cooperate with an investigation of a complaint;
3. failure to comply with the requirements of
				  an audit;
4. any other statute or
				  rule violation.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart B - Network › Chapter 50 - Transportation Network Companies › Section IX-5019 - Driver Responsibilities; Prohibitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The driver for a TNC shall possess a valid
				  driver's license and valid registration to operate a personal
				  vehicle.
B. The driver shall
				  possess a valid state approved vehicle inspection sticker to operate a motor
				  vehicle used to provide prearranged rides.
C. A driver shall not be required to register
				  the vehicle that the driver uses to provide prearranged rides as a commercial
				  motor vehicle or a for hire vehicle.
D. A company or a driver shall not be
				  considered a common carrier, contract carrier, or motor carrier, and shall not
				  provide taxi or for hire vehicle service.
E. A driver shall not accept a trip for
				  compensation other than a trip arranged through a company's digital network.
1. A dispute arising in this state involving
				  the company, or a driver operating under the provisions of this Chapter, shall
				  not be governed by the laws of another jurisdiction and shall not be resolved
				  outside of the state, unless agreed to by all parties in writing after the
				  dispute has arisen.
2.
Dispute
shall include but is not limited to a dispute
				  involving liability arising from an alleged act or omission, a dispute
				  involving interpretation of contractual terms or provisions, and a
				  determination of rights, status, or other legal relations.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart B - Network › Chapter 50 - Transportation Network Companies › Section IX-5021 - Records Retention

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  department shall have the right to audit and inspect the records that the
				  company is required to maintain, including:
1.
				  individual trip records for at least three years from the date each trip was
				  provided;
2. individual records of
				  drivers for at least three years after the date which a driver's relationship
				  with the company has ended;
3. the
				  company shall maintain records relevant to the enforcement of this requirement
				  for a period of at least two years from the date that a rider's complaint is
				  received by the company;
4.
				  complaints, specifically, but not limited to fares, discrimination, operating
				  the vehicle while under the influence of a substance.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart B - Network › Chapter 50 - Transportation Network Companies › Section IX-5023 - Audit Procedures; Confidentiality of Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. The results of any audit will be reported
				  to the Louisiana Legislative Auditor as required and in accordance with the
				  DOTD's Internal Audit Charter and the guidelines established by the Louisiana
				  Legislative Auditor.
1. Upon receiving
				  notification of audit, the company shall provide the requested documents within
				  45 days.
2. Audit Notification
a. Prior to the audit the company shall
				  receive notice of documents and records to provide to the department.
b. The audit shall be conducted to include
				  the required records pertaining to 50 separate and distinct transportation
				  network drivers.
c. If after
				  initial review, the department has a reasonable basis to conclude the
				  transportation network company is not in compliance with the requirement of
				  this section, the department may conduct a supplemental audit of records with
				  an additional selection of drivers.
d. The audit shall take place annually,
				  unless the department has grounds to believe that additional audits are
				  warranted, at a mutually agreed location in the state of Louisiana.
e. Any record furnished to the department may
				  exclude information that would identify specific drivers or riders, unless the
				  identity of a driver or rider is determined by the department to be relevant to
				  the audit.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart B - Network › Chapter 50 - Transportation Network Companies › Section IX-5025 - Complaints and Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Companies shall provide the department with a report of the number of safety
				  complaints against drivers including type and region by parish or city
				  annually.
1. Companies shall provide the
				  department with any and all complaints regardless of the type of complaint, if
				  requested by the department.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart B - Network › Chapter 50 - Transportation Network Companies › Section IX-5027 - Local Rules and Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. At
				  least 30 days prior, local governmental subdivision shall provide written
				  notice to the agency and each company permitted by the department in accordance
				  with
				  R.S.
				  48:2193,
1.
				  of an initial hearing,
2. reading,
				  or
3. consideration of an ordinance
				  imposing a fee pursuant to
				  R.S.
				  48:2204.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart B - Network › Chapter 50 - Transportation Network Companies › Section IX-5029 - Local Governmental Prohibitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A local governmental subdivision shall not
				  do any of the following:
1. impose a tax on,
				  or require a license for, a company, a driver, or a vehicle if such tax or
				  license relates to providing prearranged rides, except as provided in
				  R.S.
				  48:2204 or Subsection D of this
				  Section;
2. require a company or a
				  driver to obtain a business license or any other type of similar authorization
				  to operate within the jurisdiction;
3. subject a company, a driver, or a vehicle
				  to any rate, entry, operation, or other requirement of the governing authority,
				  except as provided in
				  R.S.
				  48:2204 or Subsection D of this
				  Section;
4. prohibit a driver with
				  corresponding drivers license and license plate of any state from obtaining a
				  Louisiana vehicle inspection, regardless of the state from which the license
				  and license plate are issued.