LegalFix

§17-16E-3. Powers and Duties; Rules

WV Code § 17-16E-3 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a) The State Safety Oversight Agency has the following powers and duties:

(1) Oversee all safety aspects of the rail fixed guideway public transportation system pursuant to 49 U. S. C. §5329, including:

(A) The development, implementation and application of the public transportation system safety plan;

(B) Inspection, investigations or hearings involving all aspects of the facility and its operations including infrastructure, documentation, including electronic data, and personnel and may conduct or cause to be conducted such inspections, investigations or hearings; and

(C) Respond to information obtained through inspection, investigations, hearings, other incidents or occurrences of significance to the State Safety Oversight Agency by the issuance of directives, appropriate suspension of service, withholding of funding or the imposition of civil or criminal penalties;

(2) Enforce federal and state laws on rail fixed guideway public transportation safety;

(3) Determine, in consultation with the Federal Transit Administration, an appropriate staffing level for the State Safety Oversight Agency that is commensurate with the number, size and complexity of the rail fixed guideway transit systems in the state;

(4) Require that its employees and other designated personnel who are responsible for rail fixed guideway public transportation safety oversight are qualified to perform such functions through appropriate training, including successful completion of the public transportation safety certification training program established under 49 U. S. C. §5329(c);

(5) Coordinate all enforcement responsibilities with other governmental authorities as needed;

(6) Review, revise, approve, oversee and enforce the public transportation agency safety plan required under 49 U. S. C. §5329(d), including the implementation by the rail fixed guideway public transportation agency of such plan;

(7) Investigate and enforce the safety of rail fixed guideway public transportation systems;

(8) Audit, at least once every three years, the compliance of the rail fixed guideway public transportation systems in the state with the public transportation agency safety plan required under 49 U. S. C. §5329(d);

(9) Provide an annual status report on the safety of the state's rail fixed guideway public transportation systems to the Federal Transit Administration, the Governor, the Legislature and the governing body of the rail fixed guideway public transportation system;

(10) Prepare and provide to the Governor and Legislature drafts of proposed legislation that may be necessary for the state to remain compliant with the requirements of 49 U. S. C. §5329.

(b) The State Safety Oversight Agency shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to accomplish the purpose of this article, including rules concerning the implementation of the duties set forth in subsection (a) of this section and the inspection and enforcement powers that are reasonably necessary to ensure compliance with 49 U. S. C. §5329.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§17-16E-3. Powers and Duties; Rules