N.Y. Comp. Codes R. & Regs. tit. 17 § 990.12

Current through Register Vol. 46, No. 45, November 2, 2024

Section 990.12 - Public transportation system safety program plan

(a) Every public transportation system and public transportation service subject to section 17-b and article 9-B of the Transportation Law shall initially prepare and publicize a plan detailing their transportation system safety program as well as comply with the appropriate portions of the current Safety Board System Safety Program Plan Guidelines which are incorporated herein by reference.

(b) Each public transportation system or public transportation service required to file a system safety program plan, shall review its approved plan biennially and make necessary amendments thereto. All safety plans and amendments shall be filed with the Executive Director of the Safety Board on behalf of the Commissioner of Transportation. The commissioner, in consultation with the Safety Board, shall examine each safety plan and amendment to determine whether it is satisfactory. System safety program plans and amendments are public documents and shall be made available by the public transportation system or public transportation service to all interested parties who request a copy, and any interested party may submit comments to the Safety Board. If any public transportation system or public transportation service fails to file a system safety program plan with the Executive Director of the Safety Board within 180 days from the date the Executive Director of the Safety Board on behalf of the commissioner sends notice of the requirements of the provisions of this section; or fails to file a system safety program plan biennial amendment with the Executive Director of the Safety Boar; or files a system safety program plan or system safety program plan biennial amendment with the Executive Director of the Safety Board that the commissioner, in consultation with the Safety Board, determines is unsatisfactory; or fails to file a satisfactory updated plan or amendment within 90 days from the date the Executive Director of the Safety Board on behalf of the commissioner sends notice of such unsatisfactory determination; then the commissioner is authorized to withhold all statewide mass transportation operating assistance.

(c) System safety program plans shall be subject to periodic compliance reviews, monitoring or auditing by the Safety Board and its staff to determine compliance with the Safety Board System Safety Program Plan Guidelines. The staff of the Safety Board conducting said reviews, monitoring or auditing shall have the same powers and rights as they have in investigating accidents as provided heretofore in section 990.11 of this Part and every public transportation system and every public transportation service shall cooperate with said reviews, monitoring or auditing and any failure to cooperate shall be deemed a violation of these rules and regulations and may be treated as grounds for the withholding of statewide mass transportation operating assistance.

(d) Each system safety program plan for a public transportation bus system or service as set forth in this section shall include bus Pre- and post-trip inspection procedures based on a written document signed by the bus operator.

(e) Bus preventive maintenance cycles shall be explicitly stated in the system safety program plans for public transportation bus systems or services that are required under this section and shall be scheduled at maintenance time or mileage intervals that are consistent with the maintenance intervals recommended by the vehicle manufacturers. In the event a public transportation system or service changes its preventive maintenance intervals, Safety Board staff shall be provided with written notice.

(f) Each system safety program plan for a public transportation bus system or service shall include procedures for determining the preventability of bus accidents, consistent with State and national industry standards.

(g) Effective January 1, 2005, the system safety program plan for each public transportation bus system or service shall state that such service or system shall have at least one staff person certified in a comprehensive accident investigation training program approved by the Safety Board. A list of approved training programs shall be issued by the executive director within 60 days of the effective date of this provision and shall be updated from time to time as appropriate.

(h) Federal safety-related waivers and exemptions. Every public transportation system and public transportation service shall give the Executive Director of the Safety Board written notice of the following:

(1) all requests for exemptions or waivers from Federal safety-related regulations submitted to any Federal agency, Federal authority or other Federal governmental entity; and

(2) all final actions or decisions related to such requests.

If such a request is approved, the public transportation system or public transportation service shall immediately amend its system safety program plan to reflect the waiver or exemption. This amendment shall be submitted to the Executive Director of the Safety Board for inclusion in the system safety program plan currently on file with the Safety Board for that public transportation system or service.

(i) Effective January 1, 2005, the system safety program plan of each public transportation system or public transportation service as set forth in this section shall include procedures which require that notice be provided to the Executive Director of the Safety Board of any award or settlement, in which a public transportation system or public transportation service employee who has previously been removed from a safety-sensitive position for safety-related reasons as outlined in the current Safety Board System Safety Program Plan Guidelines is to be returned to duty in a safety-sensitive position.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 990.12