Oregon Administrative Rules
Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION
Division 65 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING
Section 741-065-0103 - Removal of Track from Service

Universal Citation: OR Admin Rules 741-065-0103

Current through Register Vol. 63, No. 12, December 1, 2024

(1) When an inspector finds track conditions that require the issuance of a Notice for Repair removing the track from service, the inspector will issue the Notice to the RTA's General Manager. The notice will set out the conditions found by the inspector and specify the location of defects on the affected track segment.

(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 Special Notice for Repair removing the affected track from service.

(b) The inspector will provide notice, in the form of a Notice for Repair, to the RTA's General Manager, and to other RTA staff as appropriate, ordering the RTA to remove the track from service, and identifying the reason(s) for the demand.

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

(d) Upon completion of repairs, the RTA shall notify SSOA, and the SSOA inspector will inspect the track to verify that appropriate and sufficient repairs have been made to the track.

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

(f) Upon approval of the RTA's restoration, SSOA will provide written approval authorizing the RTA to return the track to service. In the alternative, if the SSOA finds that the track is not ready to return to service, the SSOA will provide written notice to the RTA's General Manager 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 15 & 49 CFR 1520

Statutes/Other Implemented: 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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