Current through February 26, 2024
(1) DESIGNATION OF
OVERSIGHT AGENCY. The department is the designated state safety oversight
agency for the state, and shall develop and administer the transit safety
oversight program for rail fixed guideway transportation systems in the state,
as authorized by s.
85.066(2),
Stats., and as required by
49 USC
5329 and 49 CFR Part 674.
(2) REQUIREMENTS OF OVERSIGHT AGENCY. The
department shall, per requirements under 49 CFR Part 674, do all of the
following:
(a) Unless relieved of such
requirement by federal waiver, the department shall do all of the following:
1. Remain financially and legally independent
from any rail transit agency under the department's oversight under this
chapter.
2. Prohibit any rail
transit agency under the department's oversight under this chapter from
providing funds to the department.
3. Prohibit department provision of direct
public transportation services in an area with a rail fixed guideway
transportation system under the department's oversight.
(b) Prohibit departmental employment of any
individual who administers, provides services to, or serves as a contractor
for, a rail fixed guideway transportation system under the department's
oversight.
(c) Determine whether
departmental employees or other personnel responsible for safety oversight of
rail fixed guideway transportation systems under the department's oversight are
qualified to perform their functions by ensuring compliance with requirements
of the public transportation safety certification training program, as
applicable.
(3)
AUTHORITY OF OVERSIGHT AGENCY. The department shall oversee, enforce,
investigate, and audit all safety aspects of all rail fixed guideway
transportation systems in the state, in accordance with the program standard
established under this chapter and applicable federal and state law, by doing
all of the following:
(a) Reviewing and
approving the agency safety plan of each rail transit agency for all rail fixed
guideway transportation systems under the department's oversight.
(b) Overseeing and enforcing rail transit
agency compliance in execution of its agency safety plan by ordering corrective
action plans or by any other means, as necessary or appropriate.
(c) Auditing a rail transit agency's
compliance with its agency safety plan at least once every three
years.
(d) Conducting, or causing
to be conducted, inspections, audits, or investigations, of safety-related
events and deviations in compliance by a rail transit agency from its agency
safety plan.
(e) Adopting and
enforcing minimum standards for the safety of rail fixed guideway
transportation systems under the department's oversight.
