Code of Massachusetts Regulations
220 CMR - DEPARTMENT OF PUBLIC UTILITIES
Title 220 CMR 151.00 - Rail Fixed Guideway System: System Safety Program Standard
Section 151.09 - Accident Notification and Investigation

Universal Citation: 220 MA Code of Regs 220.151

Current through Register 1537, December 20, 2024

(1) The Transportation Authority shall notify the Department and the FTA within two hours of, and in writing by the close of business on the next business day following, any incident involving a rail transit vehicle or taking place on rail transit-controlled property where one or more of the following occur ("Accident Notification"):

(a) Fatality at the scene or occurring within 30 days following the accident;

(b) One or more persons suffering Serious Injury;

(c) Property damage resulting from a collision involving a rail transit vehicle or the derailment of a rail transit vehicle;

(d) Evacuation due to life safety reasons;

(e) Derailment;

(f) Collision with a person resulting in Serious Injury or fatality;

(g) Collision between a rail transit vehicle and second rail transit vehicle or a rail transit non-revenue vehicle;

(h) Collision at grade crossing resulting in Serious Injury or fatality;

(i) Collision with an object resulting in Serious Injury or fatality; or

(j) Fires resulting in Serious Injury or fatality.

(2) The Transportation Authority shall investigate any incident requiring Accident Notification to the Department. The Department will provide, and the Transportation Authority will use a Department-approved investigation checklist form(s) as may be required by the Department for this investigation.

(3) The investigation shall include the following:

(a) On-site inspection.

(b) Visual examination and measurements.

(c) Examination by the following methods and/or tests as necessary:
1. radiographic;

2. ultrasonic;

3. magnetic particle;

4. liquid dye testing.

(d) Functional testing of the following as necessary:
1. vehicle;

2. track;

3. traction power;

4. signals;

5. communication equipment.

(e) Interviews with witnesses.

(f) Review of maintenance records and procedures.

(g) Review of employee training and certification.

(h) Photographs.

(i) Police and coroner reports.

(j) Review of alcohol and drug test results.

(k) Review of hours of service records.

(l) Review of operating rules and procedures.

(m) Identification of the factors that caused or contributed to the accident.

(n) Findings, recommendations, and a CAP, as necessary and appropriate, or as otherwise required by the Department.

(4) The Department may conduct an independent investigation or oversee/monitor an investigation conducted by the Transportation Authority. The Transportation Authority shall provide to the Department, upon request, documentation, access to investigative sites, activities, and personnel involved in the investigative process. The Department and the Transportation Authority shall coordinate investigative activities prior to finalizing investigative reports.

(5) The Transportation Authority shall submit to the Department a final report of its investigation within 60 days of the event triggering the Accident Notification. The Department shall approve the format and required contents for the final report.

(6) In the event that the Transportation Authority does not complete a final report within 60 days of the event triggering the Accident Notification, it shall submit written status reports as requested by the Department until the final report is completed.

(7) Upon receipt of the Transportation Authority's final report, the Department has 15 days in which to review and approve the report in writing. If the Department rejects the report, the Transportation Authority has 20 days from notice of rejection to submit a revised final report to the Department for approval. The Department may grant an extension beyond the 20 days for good cause shown.

(8) If the Department is unable to approve a final report, or to resolve a dispute with the Transportation Authority resulting from the development of a final report, the Department must either:

(a) Report the areas of disagreement in writing to, and negotiate with, the Transportation Authority until the dispute is resolved; or

(b) Conduct its own investigation according to the requirements of 220 CMR 151.09, and submit the final report to the Transportation Authority for implementation, allowing the Transportation Authority an opportunity to file a written dissent pursuant to the procedures outlined in the Standard Operating Guideline Manual; or

(c) Issue any Order that it deems necessary.

(9) The Department may withhold from public disclosure investigation reports prepared or approved by the Department whose release is likely to jeopardize public safety as contemplated in M.G.L. c. 4, § 7, clause Twenty-sixth(n).

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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