N.M. Admin. Code § 18.14.2.13

Current through Register Vol. 35, No. 21, November 5, 2024

Section 18.14.2.13 - REPORTS OF ACCIDENTS AND INCIDENTS

A. Whenever a railroad company is required by 49 CFR 225.9 to report an accident/incident promptly to the federal railroad administration, the railroad shall promptly report the same accident/incident information by telephone to the department.

B. A railroad company must immediately report to the New Mexico state police and to the New Mexico environment department as well as to local law enforcement or tribal police whenever it learns of the occurrence of an accident/incident involving a railroad car carrying hazardous material as provided in 49 CFR 172 . Each report must state the:

(1) name of the railroad;

(2) name, title, and telephone number of the person making the report;

(3) time, date, and location of the accident/incident;

(4) circumstances of the accident/incident;

(5) number of fatalities and injuries involved, if any; and

(6) specific hazardous commodity, if any, involved in the accident/incident..

C. A railroad company shall furnish to the department a copy of each monthly accident/incident report it files with the federal railroad administration pursuant to 49 CFR 225 . The report shall be submitted to the department at the same time it is filed with the federal railroad administration.

D. The furnishing of any report required under Subsections A, B, and C of 18.14.2.12 NMAC will not constitute a waiver of any evidentiary privilege as to such report provided for by federal or state law.

E. The Department will not exercise any authority with respect to the opening or closing of a private grade crossing.

N.M. Admin. Code § 18.14.2.13

18.14.2.13 NMAC - Rp, SCC 85-7, Rule 7, 9/30/11; A, 6/14/13, Amended and Renumbered from 18.14.2.12 by New Mexico Register, Volume XXVII, Issue 01, January 15, 2016, eff. 1/15/2016, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024