Or. Admin. Code § 741-060-0010 - General Provisions

(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.

Notes

Or. Admin. Code § 741-060-0010

RS 1-1998, f. & cert. ef. 6-19-98; RD 2-2003, f. & cert. ef. 7-17-03; RD 1-2007, f. & cert. ef. 3-7-07; RD 1-2010, f. & cert. ef. 10-25-10; RD 1-2017, amend filed 09/27/2017, effective 9/27/2017; RD 1-2021, amend filed 07/19/2021, effective 7/19/2021

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 670, 49 CFR 671, 49 CFR 672, 49 CFR 673, 49 CFR 674 & 49 USC 5329

Statutes/Other Implemented: ORS 183.745 & 824.045