Utah Admin. Code R920-30-2 - Purpose and Scope
(1) This rule,
R920-30, establishes the standard of the State of Utah oversight required to
implement the provisions of
49 U.S.C.
5329(e), 49 U.S.C. 5330, and
49 CFR Part 674, Rail Fixed Guideway Systems, State Safety Oversight.
(2) This rule applies to the Utah Transit
Authority ("UTA"), the public transportation agency operating rail fixed
guideway systems in the State of Utah.
(3) The Utah Department of Transportation
(the "Department") exercises jurisdiction over safety of equipment and
operations of the UTA pursuant to Utah Code Section
72-1-214.
In addition, pursuant to 49 CFR Part 674, the Department has authority to
investigate any allegation of noncompliance with the Public Transportation
Agency Safety Plan.
(4) Pursuant to
49 CFR Part 674, the Department is responsible for establishing minimum
standards for rail safety practices and procedures to be used by the UTA. The
Department's program standard is consistent with the National Public
Transportation Safety Plan, the Public Transportation Safety Certification
Training Program, and the rules for Public Transportation Agency Safety Plans.
The Department also must oversee the execution of these practices and
procedures to ensure compliance with the provisions of 49 CFR Part
674.
(5) Where revisions to this
rule, R920-30, are necessary, the Department will conduct a rulemaking
proceeding, in accordance with the Utah Administrative Rulemaking Act, Utah
Code Sections
63G-3-101 -702.
(6) The Department and the UTA must operate
as legally and financially independent entities.
(7) The Department does not and must not
employ any individual who is also responsible for administering or providing
services to the UTA.
(8) The
Department will submit an annual report summarizing the oversight activities
related to the UTA of the safety of the rail fixed guideway system to the
Federal Transit Administration and the Governor as required by 49 CFR Part
674.
Notes
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