Current through Register Vol. 46, No. 50, December 11, 2024
Section 990.9 - Notification of rail accidents(a) Each public transportation system and/or public transportation service subject to the Safety Board operating a commuter rail, light rail, rapid transit or subway system shall give the Safety Board staff immediate notice and written notice, as further detailed in subdivisions (b) and (c) of this section, of the following accidents: (1) all collisions and derailments except those minor incidents resulting from shifting cars and making up trains in yards;(2) all accidents at highway grade crossings;(3) all fatal accidents and all injury accidents which result in injuries to two or more passengers; and(4) all rail evacuations of passengers to the roadbed or benchwall and then to the adjacent environment;(b) Immediate notice of the above occurrences shall be reported by telephone to Safety Board staff at the published numbers for such calls. The list of said number shall be distributed to all public transportation systems and public transportation services and periodically updated. Immediate notice of all said accidents is required and such notice shall not be delayed for more than 90 minutes. These notices, at a minimum, shall include the date, time, location of the occurrence and the appropriate number of persons killed or injured. The person making the notification must provide his or her name and title, the public transportation system or service involved, and state where he or she can be reached for further details. In addition, the person must supply any additional information requested. The public transportation system or service must ensure the physical evidence of the accident scene is properly documented prior to the scene being cleared.(c) A written notice shall be submitted to Safety Board staff, unless otherwise specified by said staff, within two business days of the occurrence for all fatal accidents and all injury accidents which result in injuries to two or more passengers, on the form entitled "Rail Transit Operator Accident Report" which is set forth in section 990.20(a) of this Part or, in lieu of this report, a rail system may file a report commonly known as a daily operators report which contains specific accident information regarding unusual occurrences or accidents. All information on either report form shall be fully completed.N.Y. Comp. Codes R. & Regs. Tit. 17 § 990.9