Wis. Admin. Code Department of Transportation § Trans 10.03 - Transit safety oversight program

Current through November 29, 2021

(1) DESIGNATION OF OVERSIGHT AGENCY. The department is the designated state safety oversight agency for the state, and shall develop and administer the transit safety oversight program for rail fixed guideway transportation systems in the state, as authorized by s. 85.066(2), Stats., and as required by 49 USC 5329 and 49 CFR Part 674.
(2) REQUIREMENTS OF OVERSIGHT AGENCY. The department shall, per requirements under 49 CFR Part 674, do all of the following:
(a) Unless relieved of such requirement by federal waiver, the department shall do all of the following:
1. Remain financially and legally independent from any rail transit agency under the department's oversight under this chapter.
2. Prohibit any rail transit agency under the department's oversight under this chapter from providing funds to the department.
3. Prohibit department provision of direct public transportation services in an area with a rail fixed guideway transportation system under the department's oversight.
(b) Prohibit departmental employment of any individual who administers, provides services to, or serves as a contractor for, a rail fixed guideway transportation system under the department's oversight.
(c) Determine whether departmental employees or other personnel responsible for safety oversight of rail fixed guideway transportation systems under the department's oversight are qualified to perform their functions by ensuring compliance with requirements of the public transportation safety certification training program, as applicable.
(3) AUTHORITY OF OVERSIGHT AGENCY. The department shall oversee, enforce, investigate, and audit all safety aspects of all rail fixed guideway transportation systems in the state, in accordance with the program standard established under this chapter and applicable federal and state law, by doing all of the following:
(a) Reviewing and approving the agency safety plan of each rail transit agency for all rail fixed guideway transportation systems under the department's oversight.
(b) Overseeing and enforcing rail transit agency compliance in execution of its agency safety plan by ordering corrective action plans or by any other means, as necessary or appropriate.
(c) Auditing a rail transit agency's compliance with its agency safety plan at least once every three years.
(d) Conducting, or causing to be conducted, inspections, audits, or investigations, of safety-related events and deviations in compliance by a rail transit agency from its agency safety plan.
(e) Adopting and enforcing minimum standards for the safety of rail fixed guideway transportation systems under the department's oversight.

Notes

Wis. Admin. Code Department of Transportation § Trans 10.03
Adopted by, CR 17-070: cr. Register May 2018 No. 749, eff. 6/1/2018

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