N.J. Admin. Code § 16:53E-12.1

Current through Register Vol. 57, No. 1, January 6, 2025

Section 16:53E-12.1 - Investigations

(a) Every transit agency shall fully cooperate with the Department in its investigation of incidents, accidents and hazards.

(b) The Department's investigation shall consist of, but in the Department's discretion need not be limited to, the review and approval of the transit agency's determination of the probable cause of the incident, accident or hazard.

(c) If the Department determines that the transit agency's determination of probable cause is not supported by a preponderance of the evidence submitted by the agency, the Department may require additional submissions as it deems necessary until it is satisfied that the transit agency's determination is appropriate, or that a preponderance of the evidence submitted by the agency supports a determination other than that of the agency.

(d) Neither the transit agency's report of an incident, accident or hazard under this section, nor any investigation report that may be prepared by the Department or its contractor regarding such incident, accident or hazard, shall be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in either of the reports.

(e) The Department may delegate generally, or on an individual basis, the investigation of incidents, accidents and hazards to the transit agency and once delegated to the transit agency may take such delegation back on an individual or wholesale basis. Such delegation does not affect the responsibility of the transit agency to notify the Department of all incidents, accidents or hazards.

N.J. Admin. Code § 16:53E-12.1