West Virginia Code of State Rules › Agency 225 - Public Transit, Division of › Title 225 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION DIVISION OF PUBLIC TRANSIT › Series 225-01 - Rail Fixed Guideway Systems State Safety Oversight › Section 225-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Accident" means an Event that involves
				any of the following: a fatality; one or more persons suffers a serious injury;
				property or equipment damage equal to or greater than $25,000; a mainline
				derailment, occurring at any location; OR an evacuation of equipment or a
				station to prevent injury or loss of life.
2.2. "APTA Guidelines" means "Manual for the
				Development of Rail Transit System Safety Program Plans," as amended and
				supplemented, published by the American Public Transit Association on August
				20, 1991, 1201 New York Avenue, N.W., Washington, DC 20005-3917, Telephone:
				(202) 893-3917 or (202) 893-4000. The APTA Guidelines are available at the
				following site:
				http://www.apta.com/resources/reportsandpublications/Documents/commuter_rail_manual.pdf
				[File Link Not Available]
2.3.
				"Corrective Acton Plan" means a plan prepared by the rail fixed guideway system
				or the Oversight Agency to minimize, control, or eliminate any investigated
				hazardous condition within a time period specified by, and in accordance with,
				the oversight agency. Corrective Action Plans are prepared in response to
				hazardous conditions identified as a result of accident and unacceptable
				hazardous condition investigations, three-year safety reviews, and the Rail
				Fixed Guideway Transportation Systems internal safety audit process.
2.4. "Contractor" means an entity that
				performs tasks required by this rule on behalf of a Oversight Agency, or a Rail
				Transit Agency, through contract or other agreement. The transit agency may not
				be a contractor for the oversight agency.
2.5. "Division" means the West Virginia
				Department of Transportation, Division of Public Transit.
2.6. "Event" means by Accident, Incident or
				Occurrence.
2.7. "FTA" means the
				Federal Transit Administration, an agency within the U.S. Department of
				Transportation.
2.8. "Hazard" means
				any real or potential condition that can cause injury, illness, or death;
				damage to or loss of the facilities, equipment, or property of a rail fixed
				guideway public transportation system; or damage to the environment.
2.9. "Incident" means an Event that exceeds
				the definition of an Occurrence, but does not meet the requirements of an
				Accident. Examples include, but are not limited to: A near miss or close call,
				a rail yard derailment, non-serious injuries, a violation of a safety standard,
				or equipment or property damage less than $25,000 that affects transit
				operations.
2.10. "Investigation"
				means the process of determining the casual and contributing factors of an
				accident, incident, or hazard, for the purpose of preventing recurrence and
				mitigating risk.
2.11. "National
				Public Transportation Safety Plan" means the plan to improve the safety of all
				public transportation systems that receive Federal financial assistance under
				49 U.S.C. Chapter 53; authorized by
				49 U.S.C.
				5329(b).
2.12. "Implementation Guidelines" means the
				"Implementation Guidelines for State Safety Oversight of Rail Fixed Guideway
				Systems, July 1996, Final Report" published by the FTA, United States
				Department of Transportation, Research and Special Programs Administration,
				John A. Volpe National Transportation Systems Center, Safety and Security
				Systems Division, Cambridge, MA 02142-1093, obtainable from the National
				Technical Information Service, Springfield, VA 22161. The Implementation
				Guidelines are available at the following site:
				http://www.hsdl.org/?view&did=455185 [File Link Not Available]
2.13. "Internal safety audit process" means
				the formal process by which the transit agency audits itself
2.14. "Occurrence" means an Event with no
				injuries, where damage occurs to property or equipment but does not affect
				transit operations.
2.15.
				"Passenger" means a person who is on board, boarding, or alighting from a
				vehicle on a rail fixed guideway public transportation system for the purpose
				of travel.
2.16. "Public
				Transportation Safety Certification Training Program" means either the
				certification training program for Federal and State employees, or other
				designated personnel, who conduct safety audits and examinations of public
				transportation systems, and employees of public transportation agencies
				directly responsible for safety oversight, established through interim
				provisions in accordance with
				49 U.S.C.
				5329(c)(2), or the program
				authorized by 49 U.S.C.
				5329(c)(1).
2.17. "Rail fixed guideway public
				transportation system" or "RFGPTS" means any fixed guideway system that uses
				rail, is operated for public transportation, is within the jurisdiction of a
				State, and is not subject to the jurisdiction of the Federal Railroad
				Administration, or any such system in engineering or construction. Rail fixed
				guideway public transportation systems include but are not limited to rapid
				rail, heavy rail, light rail, monorail, trolley, inclined plane, funicular, and
				automated guideway.
2.18. "Rail
				Transit Agency" or "Agency" means an entity that provides services on a rail
				fixed guideway public transportation system.
2.19. "Safety" means freedom from
				danger.
2.20. "Safety review" means
				a formal, comprehensive, on-site examination by the Division of transit
				agency's safety practices to determine whether they comply with the policies
				and procedures required under the transit agency's system safety program
				plan.
2.21. "Security" means
				freedom from intentional danger.
2.22. "Serious injury" means any injury
				which:
2.22.a. Requires hospitalization for
				more than 48 hours, commencing within 7 days from the date of the injury was
				received;
2.22.b. results in a
				fracture of any bone (except simple fractures of fingers, toes, or
				nose);
2.22.c. causes severe
				hemorrhages, nerve, muscle, or tendon damage;
2.22.d. involves any internal organ;
				or
2.22.e. involves second- or
				third-degree bums, or any bums affecting more than 5 percent of the body
				surface.