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 990.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following definitions
					 will apply:
(a) Safety Board shall be
				  the board created by section 216  of the Transportation Law.
(b) Chairman shall be the chairman of the
				  Safety Board designated by the Governor as set forth in section 216  of the Transportation Law.
(c) Executive director shall mean the
				  executive director of the Safety Board.
(d) Public transportation system shall mean
				  any commuter rail, light rail, subway, rapid transit or bus public
				  transportation system as defined in section 18-b  of the Transportation Law, which
				  receives, either directly or indirectly, any statewide mass transportation
				  operating assistance, except that where operating assistance payments are made
				  to a county or municipality which in turn distributes the funds to a bus
				  carrier or carriers, then the term shall mean all of the bus carriers within
				  such system, but not the county or municipality, regardless of whether they are
				  actually allocated assistance initially received by the county or
				  municipality.
(e) Public
				  transportation service shall mean the bus operator providing revenue service
				  under contract to a county or municipality, exclusive of services provided by
				  subsidiaries used principally to provide school bus services, which receive,
				  either directly or indirectly, statewide mass transportation operating
				  assistance, except that where operating payments are made to a county or
				  municipality which in turn distributes the funds to a carrier or carriers, then
				  the term shall mean the revenue bus services provided by such carriers within
				  such system that are submitted for statewide mass transportation operating
				  assistance regardless of whether they are actually allocated any such
				  assistance received by the county or municipality. Eligible services are those
				  that are available to the public on a regular basis, having predetermined and
				  publicly posted fares and service hours between an origin and destination, one
				  of which is within the boundaries of New York State.
(f) Public transportation facility shall mean
				  any facility used by a public transportation system or public transportation
				  service in connection with the transportation of persons.
(g) Commuter rail shall mean mass
				  transportation services operating rail passenger cars on rail guideways within
				  the State, and providing service in more than one county (for purposes of this
				  Part, the City of New York shall be considered as one county), with a
				  substantial portion of the riders using the service to go to and from work
				  between suburbs and their central city, including the MTA Long Island Railroad,
				  Metro-North Railroad, and New Jersey Transit.
(h) Subway/rapid transit system shall mean
				  the rail system operated by the MTA New York City Transit, including the MTA
				  Staten Island Rapid Transit System.
(i) Light rail shall mean the Metro-Rail
				  system operated by the Niagara Frontier Transportation Authority
				  (NFTA).
(j) Bus system shall mean
				  the part of a public transportation system which transports passengers by bus
				  and which receives or whose passenger and service statistics are used as a
				  basis for a public transportation system to receive statewide mass
				  transportation operating assistance.
(k) Bus service shall mean a public
				  transportation service operated by a bus system.
(l) Statewide mass transportation operating
				  assistance program shall mean that program described in section 18-b  of the Transportation Law. Public
				  transportation systems and public transportation services that participate in
				  the statewide mass transportation operating assistance program, shall submit a
				  public transportation safety plan as described in sections 17-b and
				  218  of the Transportation Law, as further
				  described in section
				  990.12 
				  of this Part.
(m) Public
				  transportation safety plan shall mean the system safety program plan required
				  by sections 17-b and
				  218  of the Transportation Law, as further
				  described in section
				  990.12 
				  of this Part.
(n) Accident shall
				  mean an unexpected event causing property damage or injuries or fatalities, or
				  any combination thereof involving public transportation commuter rail, subway
				  rapid transit, light rail and bus systems or bus services.
(o) Bus or rail fatal accident shall mean any
				  bus or rail public transportation accident under the jurisdiction of the Safety
				  Board which causes any person involved in the accident to die within 24 hours
				  after the accident.
(p) Bus or rail
				  injury accident shall mean any bus or rail public transportation accident under
				  the jurisdiction of the Safety Board which causes any person involved in the
				  accident to require either medical treatment by qualified medical personnel at
				  the scene of the accident or to be transported to a hospital and treated at
				  such hospital.
(q) Bus or rail
				  mechanical failure shall mean any failure of bus components or assemblies that
				  renders or could render the public transportation vehicle unsafe for passenger
				  service.
(r) Rail evacuation shall
				  mean a condition requiring passengers to disembark from a train to the roadbed
				  or benchwall and then to the adjacent environment.
(s) Incident report (IR) shall mean an
				  investigative report that determines than an accident does not meet the Safety
				  Board's accident reporting criteria.
(t) No report (NR), abbreviated report (AR)
				  and staff report (SR) shall mean investigative reports which determine that an
				  accident meets the Safety Board's accident criteria, but such reports do not
				  contains recommendations or actions taken by the public transportation system
				  or service.
(u) Board report (BR)
				  shall mean an investigative report that determines that an accident meets the
				  Safety Board's accident criteria and such report contains recommendations by
				  the Safety Board.
(v) Rail highway
				  grade crossing accident shall mean any accident which occurs at the
				  intersection of a roadway and rail track of a public transportation
				  system.
(w) Rail collision shall
				  mean contact between a rail vehicle of any type and another rail or non-rail
				  vehicle, wayside equipment, infrastructure, or material fouling the rail
				  right-of-way that results in a disruption in operations.
(x) Rail derailment shall mean a condition in
				  which the wheels of a rail vehicle lose contact with the track on which such
				  vehicle is supposed to be in contact with.
(y) Rail fixed guideway system mean a
				  subway/rapid transit or light rail system that is subject to the Federal
				  Transit Administration's Rail Fixed Guideway Systems; State Safety Oversight
				  Regulations contained in  49 CFR part 659.