Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0010 - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 741-060-0010  through 741-060-0107  establish a state safety oversight program
			 that applies to all rail transit agencies (RTAs) that own or operate rail fixed
			 guideway public transportation systems (RFGPTS) in Oregon that receive federal
			 funds and are not subject to regulation by the Federal Railroad
			 Administration.
(2) The Oregon
			 Department of Transportation (ODOT) is designated as the state safety oversight
			 agency (SSOA) for the State of Oregon, in accordance with
			 49 U.S.C.
			 5329.
(3) Federal Transit Administration (FTA)
			 statutes,
			 49 U.S.C.
			 5329, and regulations,  49 CFR 670, effective
			 9/11/2016,  49 CFR 672, effective 8/20/2018,  49 CFR 673, effective 7/19/2019,
			 and  49 CFR 674, effective 4/15/2016, are hereby adopted by reference as the
			 minimum acceptable standards for oversight of RFGPTS, including those in the
			 process of being designed, engineered, or constructed, that receive federal
			 financial assistance authorized under 49 U.S.C. Chapter 53.
(4) OAR 741-060-0010  through 741-060-0107  apply to all rail transit agencies (RTAs) that own or operate RFGPTS in the
			 State of Oregon and that receive federal funds.
(5) RTAs shall provide written certification
			 of compliance with these rules to the SSOA a minimum of 90 days prior to
			 beginning new revenue operations or revenue operations on an expanded or
			 modified RFGPTS.
(6) In carrying
			 out its authority, the SSOA may:
(a) Monitor,
			 inspect, investigate and enforce the safety of a RFGPTS;
(b) Conduct inspections, investigations,
			 employee interviews, audits, examinations, and require testing of equipment,
			 facilities, rolling stock, and operations of the RFGPTS;
(c) Review, approve, oversee, audit and
			 enforce the implementation of and compliance with the public transportation
			 agency safety plan, emergency preparedness and response plan and RTA rules,
			 standards, policies and procedures;
(d) Make reports and issue directives with
			 respect to the safety of the RFGPTS;
(e) Investigate public transportation events
			 and provide guidance to RTAs regarding prevention of events;
(f) Take, in conjunction with an event or
			 complaint investigation, or an inspection or audit, or an investigation into a
			 pattern or practice of conduct that negatively affects public safety, the
			 statement of any employee or contractor of an RTA;
(g) Require the production of documents,
			 camera footage, audio recordings and data downloaded from electronic devices
			 and recorders from an RTA and its employees or contractors;
(h) Prescribe recordkeeping and reporting
			 requirements for an RTA;
(i) Enter
			 RTA property to conduct announced and unannounced inspections of equipment,
			 facilities, infrastructure, rolling stock, operations and relevant
			 records;
(j) Remove a vehicle,
			 equipment or track segment from service;
(k) Suspend operations of the RFGPTS and
			 issue civil penalties against RTAs for non-compliance with these or transit
			 agency safety rules; and
(L) Issue
			 civil penalties against individual RTA employees only for willful violation of
			 these or transit agency safety rules.