OAR 741-060-0020
Definitions

As used in OAR 741-060-0010 (General Provisions) through 741-060-0110 (Annual Fee for State Oversight Activities), the following definitions apply:
(1) “Accident” means any event involving a rail transit vehicle or occurring on a rail transit-controlled property, involving one or more of the following:
(a) A fatality, either at the scene or resulting from injuries sustained at the scene when the injured person dies within 30 days of the incident;
(b) Serious injury to a person or injuries requiring immediate medical attention away from the scene;
(c) Property damage to rail transit vehicles, non-rail transit vehicles, other rail transit property or facilities, or non-transit property equal to or exceeding $25,000;
(d) An evacuation due to life safety or security reasons;
(e) Any derailment of a rail transit vehicle, at any location, at any time, whatever the cause;
(f) A collision between a rail transit vehicle and another rail transit vehicle or a rail transit non-revenue vehicle;
(g) A collision at a rail-grade crossing;
(h) A collision with an individual on a rail right of way.
(2) “Accountable executive” means a single, identifiable individual who has ultimate responsibility for carrying out the Public Transportation Agency Safety Plan of an RTA; responsibility for carrying out the RTA’s Transit Asset Management Plan; and who has control or direction over the human and capital resources needed to develop and maintain both the RTA’s Public Transportation Agency Safety Plan, in accordance with 49 U.S.C. 5329(d), and the RTA’s Transit Asset Management Plan, in accordance with 49 U.S.C. 5326.
(3) “Contractor” means an entity that performs tasks on behalf of FTA, a State Safety Oversight Agency, or an RTA, through contract or other agreement.
(4) “Corrective action plan” (CAP) means a plan developed by an RTA that describes the actions the RTA will take to minimize, control, correct, or eliminate risks and hazards, and the schedule and responsibility for implementing those actions.
(5) “Covered Person” is any person:
(a) Who has access to Sensitive Security Information;
(b) Who is employed by, contracted to, or acting for a covered person, including a grantee of the Department of Homeland Security (DHS) or Department of Transportation (DOT), and persons formerly in such a position;
(c) For whom a vulnerability assessment has been directed, created, held, funded, or approved by the DOT, DHS, or who has prepared a vulnerability assessment that will be provided to either agency in support of a Federal security program; or
(d) Who receives Sensitive Security Information.
(6) “Derailment” means an instance when the wheel of a rail transit vehicle comes off the head of the rail. It does not include vehicles equipped with rubber tires designed for highway use.
(7) “Emergency Preparedness Plan” means a document developed and adopted by the RTA describing its responsibilities and procedures to assure rapid, controlled, and predictable responses to various types of emergencies.
(8) “Equivalent Authority” means an entity that carries out duties similar to that of a Board of Directors, for a recipient or subrecipient of FTA funds under 49 U.S.C. Chapter 53, including sufficient authority to review and approve a recipient or subrecipient’s Public Transportation Agency Safety Plan.
(9) “Event” means an accident, incident or occurrence.
(10) “FTA” means the Federal Transit Administration, an agency within the U.S. Department of Transportation.
(11) “Hazard” means any real or potential condition that can cause injury, illness or death; damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a rail fixed guideway public transportation system; or damage to the environment.
(12) “Immediate” means occurring or accomplished without delay.
(13) “Incident” means an event that involves any of the following: a personal injury that is not a serious injury; one or more injuries requiring medical transport; or damage to facilities, equipment, rolling stock, or infrastructure that disrupts the operations of a RFGPTS.
(14) “Individual” means a passenger, patron, employee, contractor, other rail transit facility worker, pedestrian, trespasser, or any person on rail transit-controlled property.
(15) “Investigation” means the process of determining the causal and contributing factors of an accident, incident, occurrence, or hazard, for the purpose of preventing recurrence and mitigating risk.
(16) “Minor” means having little or no impact on safety of the rail transit system when determining the resources allocated to a particular investigation.
(17) “National Public Transportation Safety Plan” means the plan to improve safety of all public transportation systems that receive Federal financial assistance under 49 U.S.C. Chapter 53.
(18) “NTSB” means the National Transportation Safety Board, an independent federal agency.
(19) “Occurrence” means an event without any personal injury in which any damage to facilities, equipment, rolling stock, or infrastructure does not disrupt the operations of an RTA.
(20) “On-duty time” means the actual time a safety sensitive employee reports at a designated point or at a designated time to begin performing work, and continues until such time as that employee is released or relieved from all responsibility for performing such work.
(21) “Patron” means an individual waiting for or leaving rail transit at stations, in mezzanines, on stairs, escalators, or elevators, in parking lots or other transit-controlled property.
(22) “Person” means a passenger, employee, contractor, pedestrian, trespasser, or any individual on the property of a rail fixed guideway public transportation system.
(23) “Personal Electronic Device” means an electronic or electrical device used to conduct oral, written, or visual communication; place or receive a telephone call; send or read an electronic mail or text message; look at pictures; read a book or other written material; play a game; navigate the Internet; navigate the physical world; play, view, or listen to a video; play, view, or listen to a television broadcast; play or listen to a radio broadcast other than a radio broadcast by an RTA or railroad; play or listen to music; execute a computational function; or, perform any other function that is not necessary for the health or safety of the person and that entails the risk of distracting the employee or another railroad operating employee from a safety-related task. This term does not include:
(a) Electronic control systems and information displays within the light rail vehicle (whether the displays or systems are fixed or portable); or
(b) A digital watch whose only purpose and function is as a timepiece; or
(c) A medical device consistent with RTA standards for medical fitness for duty; or
(d) An agency supplied fixed or portable radio used only for the purposes of RTA related communications.
(24) “Program standard” means a written document developed and adopted by the SSOA that identifies the processes and procedures that govern the activities of the SSOA, and the processes and procedures an RTA must have in place to comply with the standard, pursuant to 49 CFR 674.27.
(25) “Public Transportation Agency Safety Plan” (PTASP) means the comprehensive agency safety plan for a transit agency, including a RTA, which is required by 49 U.S.C. 5329(d) and based on a Safety Management System.
(26) “Public Transportation Safety Certification Training Program” means either the certification training program for Federal and State employees, or other designated personnel, who conduct safety audits and examinations of public transportation systems, and the employees of public transportation agencies directly responsible for safety oversight, established through interim provisions in accordance with 49 U.S.C. 5329(c)(2), or the program authorized by 49 U.S.C. 5329(c)(1).
(27) “Rail fixed guideway public transportation system” (RFGPTS) means any fixed guideway system that uses rail, is operated for public transportation, is within the jurisdiction of a State, and is not subject to the jurisdiction of the Federal Railroad Administration, or any such system in the process of being designed, engineered or constructed. Rail fixed guideway public transportation systems include, but are not limited to, rapid rail, heavy rail, light rail, monorail, trolley, streetcar, inclined plane, funicular, and automated guideway used primarily for carrying passengers.
(28) “Rail transit agency” (RTA) means any entity that provides services on a RFGPTS.
(29) “Rail transit-controlled property” means property that is used by the RTA and includes property owned, leased, or maintained by the RTA.
(30) “Rail transit vehicle” means the RTA’s rolling stock, including but not limited to, passenger and maintenance vehicles.
(31) “Record” means any writing, drawing, map, recording, tape, film, photograph, or other documentary material by which information is preserved. The term “record” also includes any such documentary material stored electronically.
(32) “Risk” means the composite of predicted severity and likelihood of the potential effect of a hazard.
(33) “Risk mitigation” means a method or methods to eliminate or reduce the effects of hazards.
(34) “Safety” means freedom from harm resulting from unintentional acts or circumstances.
(35) “Safety risk management” means a process within an RTA’s safety plan for identifying hazards and analyzing, assessing, and mitigating safety risk.
(36) “Safety sensitive employee” means an individual employed by, contracted by, or a volunteer of, the RTA that operates a rail transit vehicle used for carrying passengers, or who dispatches or controls the movement of such vehicles, or who reports, transmits, receives or delivers orders pertaining to the movement of such vehicles, or who is engaged in the installation or maintenance of the on-track vehicles, train control, train protection, or signaling system.
(37) “Security” means freedom from harm resulting from intentional acts or circumstances.
(38) “Security breach” means an event or threat that may endanger life or property or may result in the loss of services or system equipment. For reporting purposes, security breach includes, but may not be limited to:
(a) Homicide;
(b) Rape;
(c) Robbery;
(d) Assault;
(e) Trespassing;
(e) Bomb threat, or potential bomb threat;
(f) Hijack of a rail transit vehicle; or
(g) Evacuation due to any security reason or potential threat.
(39) “Serious injury” means any injury which:
(a) Requires hospitalization for more than 48 hours, commencing within 7 days from the date the injury was received;
(b) Results in a fracture of any bone (except simple fractures of fingers, toes, or nose);
(c) Causes severe hemorrhages, nerve, muscle or tendon damage;
(d) Involves any internal organ; or
(e) Involves second- or third-degree burns, or any burns affecting more than 5 percent of the body surface.
(40)”Sensitive security information” means any information that is exempt from public disclosure pursuant to ORS 192.502, and 49 CFR Part 15, effective January 7, 2005, and 49 CFR Part 1520, effective August 18, 2011.
(41) “State Safety Oversight Agency” (SSOA) means the Oregon Department of Transportation, Rail and Public Transit Division, Rail Safety Section, as designated to meet the requirements and perform the functions specified by 49 USC 5329(e) and ORS 824.045 (Department establishment of state safety oversight program for rail fixed guideway public transportation system), et seq.
(42) “System safety program plan” means a document developed and adopted by the RTA describing its safety policies, objectives, responsibilities and procedures.
(43) “System security plan” means a document developed and adopted by the RTA describing its security policies, objectives, responsibilities and procedures.
(44) “Train” means a single Light Rail Vehicle (LRV) or two or more LRVs coupled together and propelled as a single operating unit.
(45) “Trespassing” means unlawful entry onto RTA property.
(46) “Willful Violation” means an intentional voluntary act committed either with knowledge of the relevant law or reckless disregard for whether the act violated the requirements of the law.

Source: Rule 741-060-0020 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=741-060-0020.

Last Updated

Jun. 8, 2021

Rule 741-060-0020’s source at or​.us