N.Y. Comp. Codes R. & Regs. tit. 17 § 990.2

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

Section 990.2 - Purposes and powers

In order for the Safety Board to fulfill its responsibility for assuring the health and safety of the citizens of the State who use public transportation systems, services and facilities, the Safety Board:

(a) shall investigate accidents involving public transportation systems and/or public transportation services and report on the results of such investigations;

(b) shall establish accident reporting procedures and prepare an annual report for the Governor and the Legislature;

(c) shall review, among other things, the safety, maintenance and training programs of public transportation systems and public transportation services and recommend the establishment of equipment and safety standards in connection therewith;

(d) shall review and recommend to public transportation systems and/or public transportation services changes in public transportation system safety program plans and safety standards;

(e) shall require every public transportation system and public transportation service receiving all of or a portion of statewide mass transportation operating assistance to prepare and publicize a plan for transportation safety;

(f) shall adopt and from time to time update rules and regulations necessary to carry out the provisions and purposes of article 9-B of the Transportation Law, or to enforce any standards established thereunder;

(g) shall hold hearings or informational meetings, issue reports, administer oaths or affirmations, examine any person under oath or affirmation, and issue subpoenas requiring the attendance and giving of testimony and the production of books, papers, documentary or other records. A subpoena issued under this subdivision shall be regulated by the Civil Practice Law and Rules;

(h) shall take or cause to be taken any affidavits or depositions;

(i) may request and receive from any State agency or any political subdivision, or any public transportation service, or any public transportation system, such assistance, information and data that will enable the Safety Board properly to carry out its powers and duties;

(j) shall cooperate, consult and coordinate with the Metropolitan Transportation Authority (MTA) Inspector General with regard to any activity concerning the operations of the MTA or its affiliates and subsidiaries. Primary responsibility for investigation of accidents involving the MTA or its affiliates and subsidiaries shall be that of the Safety Board which shall share its findings with the MTA Inspector General;

(k) shall investigate any public transportation system or service accident as directed by the Governor or Chairman of the Safety Board. Alternatively, any Safety Board member may request an investigation of any public transportation system or service accident subject to concurrence of the Safety Board;

(l) may propose and recommend legislation in furtherance of the Safety Board's various responsibilities;

(m) with the approval of the Governor, may accept as an agent of the State any grant, including Federal grants, or any gift for any lawful purpose;

(n) may undertake research and/or studies through its own staff or in cooperation with any public or private agencies;

(o) may delegate any of its powers to any committee of the Safety Board, single Safety Board member, Executive Director or staff personnel;

(p) may authorize staff to assist the department in investigating any other accident involving bus or rail transportation in the State;

(q) shall investigate unacceptable hazardous conditions involving rail fixed guideway systems pursuant to section 990.16 of this Part;

(r) shall review annual safety audit plans and annual safety reports involving rail fixed guideway systems pursuant to section 990.17 of this Part; and

(s) may make such findings and recommendations to public transportation systems and public transportation services as provided by section 990.18 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 990.2