Or. Admin. Code § 741-065-0102 - Removal of Equipment from Service
(1) In the event an inspector determines
equipment does not conform to its standards and that it would be unsafe for
further service, the inspector will issue a Notice for Repair to the RTA that
the equipment is not in serviceable condition. The Notice will describe the
defect or defects that cause the equipment to be in an unserviceable condition.
(a) Before such a Notice is issued, the
inspector will prepare a recommendation to the Manager of Rail Safety of the
Commerce and Compliance Division of ODOT concerning the issuance of a Notice
for Repair removing the equipment from service.
(b) The inspector will provide notice, in the
form of a written order, to the RTA's General Manager, and to other RTA staff
as appropriate, ordering the RTA to remove the equipment from service, and
identifying the reason(s) for the demand.
(c) Upon receipt of the Notice, the transit
agency must remove the equipment from service until it has been restored to
serviceable condition.
(d) Upon
restoration of the equipment, the RTA shall provide written notice to the SSOA
indicating that the equipment has been restored to serviceable condition, and
the SSOA will inspect the equipment to confirm that the equipment is
serviceable.
(e) Until repairs to
the equipment have been made to the satisfaction of the SSOA to eliminate any
imminent safety hazard or other safety condition, the equipment must remain out
of service.
(f) Upon approval of
the RTA's restoration, SSOA will provide written approval authorizing the RTA
to return the equipment to service. In the alternative, if the SSOA finds that
the equipment is not ready to return to service, the SSOA will provide written
notice to the RTA indicating the matter has not been resolved, that the removal
from service condition shall remain, and that additional restoration by the RTA
is required.
(2) Any
challenge to the Notice for Repair or appeal of SSOA's determination that the
violation, deficiency, or safety issue has not been resolved will be handled as
a contested case pursuant to the Oregon Administrative Procedures Act, ORS
183.411 to
183.471.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.