Or. Admin. Code § 741-060-0101

Current through Register Vol. 63, No. 10, October 1, 2024

Section 741-060-0101 - Emergency Suspension of Service

(1) The SSOA inspector may issue a Notice of Emergency Suspension of Service to an RTA's Accountable Executive in the event the inspector becomes aware of a situation or condition that could result in serious injury or death.

(2) In the event of a determination by the inspector that an emergency suspension of revenue service is necessary, the following protocols will be followed:

(a) Before a Notice is issued, the inspector will prepare a recommendation to the Manager of Rail Safety of the Commerce and Compliance Division of ODOT, concerning the issuance of a Notice directing the RTA to cease revenue service on a particular transit vehicle or line.

(b) The inspector will provide Notice, in the form of a written order, to the RTA's Accountable Executive, and to other RTA staff as appropriate, ordering the RTA to cease revenue service on a particular transit vehicle or line, and identifying the reason(s) for the demand.

(c) Upon receipt of the Notice, the RTA must immediately suspend its revenue service as directed by the Notice, begin to take steps to remediate the reason for the emergency suspension and inform the inspector of the actions taken to remediate the violation, deficiency, or safety issue.

(d) Upon resolution of the violation, deficiency, or safety issue, the RTA shall provide written notice to the inspector indicating that the violation, deficiency, or safety issue has been resolved and the inspector shall verify the resolution to confirm the violation, deficiency, or safety issue has been adequately resolved.

(e) Upon verification of the RTA's remediation, the inspector will provide written approval authorizing the RTA to resume revenue service. In the alternative, if the inspector finds that the violation, deficiency, or safety issue has not been adequately resolved, the inspector will provide written notice to the RTA indicating that the matter has not been resolved, that the suspension will continue and that additional remediation by the RTA is required.

(3) Any challenge to the notice and order of emergency suspension or appeal of SSOA's determination that the violation, deficiency, or safety issue has not been resolved will be handled as a contested case pursuant to the Oregon Administrative Procedures Act, ORS 183.411 to 183.471.

Or. Admin. Code § 741-060-0101

RD 1-2017, adopt filed 09/27/2017, effective 9/27/2017; RD 1-2021, amend filed 07/19/2021, effective 7/19/2021

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 670, 49 CFR 671, 49 CFR 672, 49 CFR 673, 49 CFR 674 & 49 USC 5329

Statutes/Other Implemented: ORS 183.745 & 824.045