Background

The Commission's responsibilities regarding rail transit safety are set forth in the California Public Utilities Code. In addition, there are applicable Federal provisions relating to the Commission's oversight of the seven major rail transit systems in the state. The key provisions include Public Utilities Code Section 99152 and 49 CFR Part 659.

Public Utilities Code Section 99152 states:

99152. Any public transit guideway planned, acquired, or constructed, on or after January 1, 1979, is subject to regulations of the Public Utilities Commission relating to safety appliances and procedures.

The commission shall inspect all work done on those guideways and may make further additions or changes necessary for the purpose of safety to employees and the general public.

The commission shall develop an oversight program employing safety planning criteria, guidelines, safety standards, and safety procedures to be met by operators in the design, construction, and operation of those guideways. Existing industry standards shall be used where applicable.

The commission shall enforce the provisions of this section. (Amended by Stats. 1986, Ch. 483, Sec. 1.)

The FTA's State Safety Oversight Final Rule is the basis for the changes contained within proposed GO 164-D. In California, the Commission is the State Safety Oversight Agency.

The Commission oversees seven major RTAs, including the Bay Area Rapid Transit District (BART), Los Angeles County Metropolitan Transportation Authority (LACMTA), Sacramento Regional Transit District (SRTD), San Diego Trolley Incorporated (SDTI), San Francisco Municipal Railway (MUNI), Santa Clara Valley Transportation Authority (SCVTA), and North County Transit District (NCTD). In addition to these agencies, the Commission has safety oversight responsibility for other public transit guideways operating in California.

The FTA has recently revised its rule on state safety oversight of rail fixed guideway systems not regulated by the Federal Railroad Administration (FRA). The FTA Final Rule revised the State Safety Oversight rule and added clarifying sections. The Final Rule also includes specifications that states must require in order to monitor safety and security of non-FRA rail systems. The purpose of the Final Rule is to improve the performance of the State Safety Oversight Program and to ensure the following outcomes: (1) Enhance program efficiency; (2) increase responsiveness to recommendations from the National Transportation Safety Board (NTSB) and emerging safety and security issues; (3) improve consistency in the collection and analysis of accident causal factors through increased coordination with other Federal reporting and investigation programs; and (4) improve performance of hazard management process. Finally, the rule addressed heightened concerns for rail transit security and emergency preparedness.

The proposed GO-164-D conforms to the FTA's State Safety Oversight Final Rule. The proposed GO 164-D includes new requirements for:

1. System Safety Program Plan

2. System Security Plans

3. Internal Safety and Security Audits

4. Hazard Management Process

5. Reporting Accidents

6. Investigating Accidents

7. Corrective Action Plans

8. At Grade Rail Crossings