New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter H - State Public Transportation Safety Board › Part 990 - State Public Transportation Safety Board › Section 990.12 - Public transportation system safety program plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every public transportation system and
				  public transportation service subject to section 17-b and article 9-B of the
				  Transportation Law shall initially prepare and publicize a plan detailing their
				  transportation system safety program as well as comply with the appropriate
				  portions of the current Safety Board System Safety Program Plan Guidelines
				  which are incorporated herein by reference.
(b) Each public transportation system or
				  public transportation service required to file a system safety program plan,
				  shall review its approved plan biennially and make necessary amendments
				  thereto. All safety plans and amendments shall be filed with the Executive
				  Director of the Safety Board on behalf of the Commissioner of Transportation.
				  The commissioner, in consultation with the Safety Board, shall examine each
				  safety plan and amendment to determine whether it is satisfactory. System
				  safety program plans and amendments are public documents and shall be made
				  available by the public transportation system or public transportation service
				  to all interested parties who request a copy, and any interested party may
				  submit comments to the Safety Board. If any public transportation system or
				  public transportation service fails to file a system safety program plan with
				  the Executive Director of the Safety Board within 180 days from the date the
				  Executive Director of the Safety Board on behalf of the commissioner sends
				  notice of the requirements of the provisions of this section; or fails to file
				  a system safety program plan biennial amendment with the Executive Director of
				  the Safety Boar; or files a system safety program plan or system safety program
				  plan biennial amendment with the Executive Director of the Safety Board that
				  the commissioner, in consultation with the Safety Board, determines is
				  unsatisfactory; or fails to file a satisfactory updated plan or amendment
				  within 90 days from the date the Executive Director of the Safety Board on
				  behalf of the commissioner sends notice of such unsatisfactory determination;
				  then the commissioner is authorized to withhold all statewide mass
				  transportation operating assistance.
(c) System safety program plans shall be
				  subject to periodic compliance reviews, monitoring or auditing by the Safety
				  Board and its staff to determine compliance with the Safety Board System Safety
				  Program Plan Guidelines. The staff of the Safety Board conducting said reviews,
				  monitoring or auditing shall have the same powers and rights as they have in
				  investigating accidents as provided heretofore in section
				  990.11 
				  of this Part and every public transportation system and every public
				  transportation service shall cooperate with said reviews, monitoring or
				  auditing and any failure to cooperate shall be deemed a violation of these
				  rules and regulations and may be treated as grounds for the withholding of
				  statewide mass transportation operating assistance.
(d) Each system safety program plan for a
				  public transportation bus system or service as set forth in this section shall
				  include bus Pre- and post-trip inspection procedures based on a written
				  document signed by the bus operator.
(e) Bus preventive maintenance cycles shall
				  be explicitly stated in the system safety program plans for public
				  transportation bus systems or services that are required under this section and
				  shall be scheduled at maintenance time or mileage intervals that are consistent
				  with the maintenance intervals recommended by the vehicle manufacturers. In the
				  event a public transportation system or service changes its preventive
				  maintenance intervals, Safety Board staff shall be provided with written
				  notice.
(f) Each system safety
				  program plan for a public transportation bus system or service shall include
				  procedures for determining the preventability of bus accidents, consistent with
				  State and national industry standards.
(g) Effective January 1, 2005, the system
				  safety program plan for each public transportation bus system or service shall
				  state that such service or system shall have at least one staff person
				  certified in a comprehensive accident investigation training program approved
				  by the Safety Board. A list of approved training programs shall be issued by
				  the executive director within 60 days of the effective date of this provision
				  and shall be updated from time to time as appropriate.
(h) Federal safety-related waivers and
				  exemptions. Every public transportation system and public transportation
				  service shall give the Executive Director of the Safety Board written notice of
				  the following:
(1) all requests for exemptions
				  or waivers from Federal safety-related regulations submitted to any Federal
				  agency, Federal authority or other Federal governmental entity; and
(2) all final actions or decisions related to
				  such requests.
If such a request is approved, the public transportation
					 system or public transportation service shall immediately amend its system
					 safety program plan to reflect the waiver or exemption. This amendment shall be
					 submitted to the Executive Director of the Safety Board for inclusion in the
					 system safety program plan currently on file with the Safety Board for that
					 public transportation system or service.