Current through Register Vol. 63, No. 9, September 1, 2024
(1) The SSOA inspector may issue a Notice of
Emergency Suspension of Service to an RTA's Accountable Executive in the event
the inspector becomes aware of a situation or condition that could result in
serious injury or death.
(2) In the
event of a determination by the inspector that an emergency suspension of
revenue service is necessary, the following protocols will be followed:
(a) Before a Notice is issued, the inspector
will prepare a recommendation to the Manager of Rail Safety of the Commerce and
Compliance Division of ODOT, concerning the issuance of a Notice directing the
RTA to cease revenue service on a particular transit vehicle or line.
(b) The inspector will provide Notice, in the
form of a written order, to the RTA's Accountable Executive, and to other RTA
staff as appropriate, ordering the RTA to cease revenue service on a particular
transit vehicle or line, and identifying the reason(s) for the
demand.
(c) Upon receipt of the
Notice, the RTA must immediately suspend its revenue service as directed by the
Notice, begin to take steps to remediate the reason for the emergency
suspension and inform the inspector of the actions taken to remediate the
violation, deficiency, or safety issue.
(d) Upon resolution of the violation,
deficiency, or safety issue, the RTA shall provide written notice to the
inspector indicating that the violation, deficiency, or safety issue has been
resolved and the inspector shall verify the resolution to confirm the
violation, deficiency, or safety issue has been adequately resolved.
(e) Upon verification of the RTA's
remediation, the inspector will provide written approval authorizing the RTA to
resume revenue service. In the alternative, if the inspector finds that the
violation, deficiency, or safety issue has not been adequately resolved, the
inspector will provide written notice to the RTA indicating that the matter has
not been resolved, that the suspension will continue and that additional
remediation by the RTA is required.
(3) Any challenge to the notice and order of
emergency suspension or appeal of SSOA's determination that the violation,
deficiency, or safety issue has not been resolved will be handled as a
contested case pursuant to the Oregon Administrative Procedures Act, ORS
183.411 to
183.471.
Statutory/Other Authority: ORS
184.619,
192.502,
823.011,
824.045,
824.990, 49 CFR
670, 49 CFR 671, 49 CFR 672, 49 CFR 673, 49 CFR 674 &
49 USC
5329
Statutes/Other Implemented: ORS
183.745
& 824.045
