Or. Admin. Code § 741-060-0103

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

Section 741-060-0103 - Removal of Track from Service

(1) When an inspector finds track conditions that require the issuance of a Notice for Repair removing the track from service, the inspector will issue the Notice to the RTA's Accountable Executive. The notice will set out the conditions found by the inspector and specify the location of defects on the affected track segment.

(a) Before a Notice is issued, the inspector will prepare a recommendation to the Manager of Rail Safety, ODOT, Commerce and Compliance Division, concerning the issuance of a Special Notice for Repair removing the affected track from service.

(b) The inspector will provide notice, in the form of a Notice for Repair, to the RTA's accountable executive, and to other RTA staff as appropriate, ordering the RTA to remove the track from service, and identifying the reason(s) for the demand.

(c) Upon receipt of the Notice, the transit agency must remove the affected track from service, until it has been restored to serviceable condition.

(d) Upon completion of repairs, the RTA shall notify SSOA, and the SSOA inspector will inspect the track to verify that appropriate and sufficient repairs have been made to the track.

(e) Until repairs to the track have been made to the satisfaction of the SSOA to eliminate any imminent safety hazard or other safety condition, the track must remain out of service.

(f) Upon approval of the RTA's restoration, SSOA will provide written approval authorizing the RTA to return the track to service. In the alternative, if the SSOA finds that the track is not ready to return to service, the SSOA will provide written notice to the RTA indicating the matter has not been resolved, that the removal from service condition shall remain, and that additional restoration by the RTA is required.

(2) Any challenge to the Notice for Repair 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 § 741-060-0103

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