New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 14 - RAILROADS
Part 2 - RAILROAD SAFETY
Section 18.14.2.13 - REPORTS OF ACCIDENTS AND INCIDENTS

Universal Citation: 18 NM Admin Code 18.14.2.13

Current through Register Vol. 35, No. 6, March 26, 2024

A. Whenever a railroad company is required by 49 CFR 225.9 to report an accident/incident promptly by telephone to the federal railroad administration, the railroad shall promptly report the same accident/ incident information by telephone to the transportation division of the public regulation commission at (505) 827-4310.

B. A railroad company must immediately report by telephone to the New Mexico state police at (505) 827-9126 and to the New Mexico environment department at (505) 827-9239 or (505) 827-1557 as well as to local law enforcement authorities and tribal police whenever it learns of the occurrence of an accident/incident involving a railroad car carrying hazardous material as provided in 49 CFR 172. Each report must state:

(1) the name of the railroad;

(2) the name, title, and telephone number of the person making the report;

(3) the time, date, and location of the accident/incident;

(4) the circumstances of the accident/incident;

(5) the number of fatalities and injuries involved, if any; and

(6) the specific hazardous commodity, if any, involved in the accident/incident.

C. A railroad company shall furnish to the transportation division of the public regulation commission a copy of each monthly accident/incident report it files with the federal railroad administration pursuant to 49 CFR 225. The report shall be fled with the transportation division at the same time it is fled with the federal railroad administration.

D. Persons affected by railroad crossing safety issues may follow the commission's informal complaint procedures by contacting the commission's consumer relations division. In addition, they may follow the commission's formal complaint procedures as set forth at 1.2.2 NMAC.

E. The furnishing of any report required under Subsections A, B, and C of this section is not intended to constitute a waiver of any evidentiary privilege as to such report provided for by federal or state law.

F. The commission will not exercise any authority with respect to the opening or closing of private grade crossing.

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