SECTION 7.89. Accident Notification

(a) Each rail transit agency shall notify the department and FTA within two hours of any accident involving a rail transit vehicle or taking place on property used by rail transit agency if the accident:

(1) results in a fatality at the scene;

(2) results in one or more persons suffering serious injury;

(3) results in property damage from a collision involving a rail transit vehicle or derailment of a rail transit vehicle;

(4) results in an evacuation for life safety reasons;

(5) is a collision at a grade crossing resulting in serious injury or a fatality;

(6) is a main-line or yard derailment;

(7) is a collision with an individual resulting in serious injury or a fatality;

(8) is a collision with an object resulting in serious injury or a fatality;

(9) is a runaway train;

(10) is a fire resulting in a serious injury or a fatality; or

(11) is a collision between rail transit vehicles.

(b) If an accident involving a rail transit vehicle or taking place on property used by rail transit agency results in a fatality away from the scene of the accident but within 30 days after the accident, the rail transit agency shall notify the department within two hours of the confirmation of the death of the individual.

(c) A rail transit agency that shares track over the general railroad system of transportation and is subject to the Federal Railroad Administration notification requirements, shall notify the department within two hours of an incident for which the rail transit agency must notify the Federal Railroad Administration.

(d) A rail transit agency must track and report to FTA and the department each accident that does not qualify for reporting under subsection (a) of this section and that results in one or more non-serious injuries that require medical transportation from the accident scene or that results in non-collision related damage to equipment, rolling stock, or infrastructure that disrupts operation. The report must be filed within 30 days after the date of the accident.

(e) A rail transit agency must track and make the resulting information available when requested by the department or FTA any accident or event that does not qualify for reporting under subsection (a), (b), or (d) of this section.

(f) Notification to the department under this section must be provided in the method specified by the department in the program standards and must contain all the information required in the program standards.

Source Note: The provisions of this §7.89 adopted to be effective February 19, 2020, 45 TexReg 1041