Oregon Administrative Rules
Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION
Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING
Section 741-060-0102 - Removal of Equipment from Service

Universal Citation: OR Admin Rules 741-060-0102

Current through Register Vol. 63, No. 9, September 1, 2024

(1) In the event an inspector determines equipment does not conform to its standards and that it would be unsafe for further service the inspector will issue a Notice for Repair to the RTA's Accountable Executive that the equipment is not in serviceable condition. The Notice will describe the defect or defects that cause the equipment to be in an unserviceable condition.

(a) Before such 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 for Repair removing the equipment from service.

(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 remove the equipment from service, and identifying the reason(s) for the demand.

(c) Upon receipt of the Notice, the transit agency must remove the equipment from service until it has been restored to serviceable condition.

(d) Upon restoration of the equipment, the RTA shall provide written notice to the SSOA indicating that the equipment has been restored to serviceable condition, and the SSOA will inspect the equipment to confirm that the equipment is serviceable.

(e) Until repairs to the equipment have been made to the satisfaction of the SSOA to eliminate any imminent safety hazard or other safety condition, the equipment must remain out of service.

(f) Upon approval of the RTA's restoration, SSOA will provide written approval authorizing the RTA to return the equipment to service. In the alternative, if the SSOA finds that the equipment is not ready to return to service, the SSOA will provide written notice to the RTA indicating the matter has not been resolved, that the removal from service condition shall remain, and that additional restoration by the RTA is required.

(2) Any challenge to the Notice for Repair 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: 824.045, ORS 183.745 & 824.045

Disclaimer: These regulations may not be the most recent version. Oregon 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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