W. Va. Code R. § 225-1-2 - Definitions

Current through Register Vol. XXXIX, No. 11, March 18, 2022

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.
2.23. "State Safety Oversight Agency" or "Oversight Agency" means the West Virginia Department of Transportation, Division of Public Transit which is the state agency that has the responsibility to interpret, administer and enforce state law, rules and program standards for the regulation of RFGPTS.
2.24. "System safety program plan" means a document adopted by the transit agency detailing its safety policies, objectives, responsibilities, and procedures.
2.25. "System safety program standard" means the standard adopted by the Division to comply with 49 C.F.R. § 659.31.
2.26. "TS Procedure Guide" means the FTA's "Transit Security Procedures Guide," Final Report, Reprinted November 1997, published by the United States Department of Transportation, Research and Special Programs Administration, John A. Volpe National Transportation Systems Center, Cambridge, MA 02142. The TS Procedures Guide is available at the following site: http://www3.cutr.usf.edu/securitv/documents/FTA/dot-vntsc-fta-94-8.pdf [File Link Not Available]
2.27. "TSSP Planning Guide" means the "Transit System Security Program Planning Guide," Final Report, Reprinted November 1997, published by the FTA, United States Department of Transportation, Research and Special Programs Administration, John A. Volpe National Transportation Systems Center, Cambridge, MA 02142. The Transit System Security Program Planning Guide is available at the following site: http://www3.cutr.usf.edu/securitv/documents/FTA/Transit%20Svstem%20%20Securitv%20%20Program%20Planning%20Guide.pdf [File Link Not Available]
2.28. "Transit Agency Safety Plan" means the comprehensive agency safety plan for a transit agency, including a Rail Transit Agency, that is required by 49 U.S.C. 5329(d); based on a Safety Management System.
2.29. "Vehicle" means any rolling stock used on a rail fixed guideway public transportation system, including but not limited to passenger and maintenance vehicles.

Notes

W. Va. Code R. § 225-1-2

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