West Virginia Code § 17-16E-3

Powers and duties; rules
Open in Lexace · Ask the AI about this section
(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 inspectioan, investigations, hearings, other
incidents or occurrences of significance to the State Safety Oversight Agency by the
issuance of directives, appropriate suspension of selrvice, 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 empLloyees 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
neeWded;
(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 impleementation 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. §5r329.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.