R920-30-2. Purpose and Scope

  (1) This rule, R920-30, establishes the standard of the State of Utah oversight required to implement the provisions of 49 U.S.C. 5329(e), 49 U.S.C. 5330, and 49 CFR Part 674, Rail Fixed Guideway Systems, State Safety Oversight.

  (2) This rule applies to the Utah Transit Authority ("UTA"), the public transportation agency operating rail fixed guideway systems in the State of Utah.

  (3) The Utah Department of Transportation (the "Department") exercises jurisdiction over safety of equipment and operations of the UTA pursuant to Utah Code Section 72-1-214. In addition, pursuant to 49 CFR Part 674, the Department has authority to investigate any allegation of noncompliance with the Public Transportation Agency Safety Plan.

  (4) Pursuant to 49 CFR Part 674, the Department is responsible for establishing minimum standards for rail safety practices and procedures to be used by the UTA. The Department's program standard is consistent with the National Public Transportation Safety Plan, the Public Transportation Safety Certification Training Program, and the rules for Public Transportation Agency Safety Plans. The Department also must oversee the execution of these practices and procedures to ensure compliance with the provisions of 49 CFR Part 674.

  (5) Where revisions to this rule, R920-30, are necessary, the Department will conduct a rulemaking proceeding, in accordance with the Utah Administrative Rulemaking Act, Utah Code Sections 63G-3-101-702.

  (6) The Department and the UTA must operate as legally and financially independent entities.

  (7) The Department does not and must not employ any individual who is also responsible for administering or providing services to the UTA.

  (8) The Department will submit an annual report summarizing the oversight activities related to the UTA of the safety of the rail fixed guideway system to the Federal Transit Administration and the Governor as required by 49 CFR Part 674.