PURPOSE: This rule provides for the division’s oversight of each transit system’s internal safety audit process, and for the division’s responsibility to perform a comprehensive, independent safety review of fixed guideway transit systems every three years, in accordance with the FTA requirements under 49 CFR sections 659.35 and 659.37.

1. (1) All fixed guideway transit systems operating within Missouri shall conduct a comprehensive internal safety audit, at their own expense, prior to commencement of operations Each transit system shall file a written report on this safety audit with the division for approval before starting revenue service. The division director shall notify the transit system of the approval of this safety audit report. The division staff may object to the safety audit report, or any part of the safety audit, by filing a pleading with the division, which shall be determined by an administrative law judge after notice to the transit system and an opportunity for hearing.
2. (2) After starting revenue service, every transit system shall conduct an ongoing, internal safety audit process that conforms to its system safety program plan (SSPP) and the American Public Transit Association (APTA) Guidelines applicable to safety audits. Not later than the first day of February in each year, the transit system shall file with the division a written, annual safety audit report on its safety audit process for the preceding year. The division shall review all audit reports filed by the transit system. The division director shall notify the transit system of the approval of the annual safety audit report. The division staff may object to the annual safety audit report, or any part of the transit system’s safety audit process, by filing a pleading with the division, which shall be determined by an administrative law judge after notice to the transit system and an opportunity for hearing.
3. (3) Not later than the fifteenth day of March in each year, the division shall submit to Federal Transit Association (FTA) a publicly available annual report summarizing its oversight activities concerning fixed guideway transit systems for the preceding calendar year. The annual report shall include a description of the most common probable causal factors of transit system accidents and unacceptable hazardous conditions. If the division has conducted a triennial safety review during the preceding calendar year under section (4) of this rule, then the annual report shall include the division’s report on the triennial review. The division shall annually file with FTA a certification of compliance, signed by the division director or other official authorized by the division, which certifies that the division has implemented a state oversight program that meets the requirements of 49 CFR part 659, and further certifies that the division, its employees, and any entities performing tasks required of the division under 49 CFR part 659, have no conflict of interest with any fixed guideway transit system overseen as a result of 49 CFR part 659.
4. (4) At least every three (3) years, the division shall conduct an on-site safety review of every transit system in the state. The division shall review the transit system’s implementation of its SSPP, and the division shall prepare and issue a report containing findings and recommendations resulting from that review. At a minimum, the report shall include an analysis of the effectiveness of the SSPP and a determination of whether it should be updated. The transit system may object to the division’s findings or recommendations resulting from the triennial onsite safety review, by filing a pleading with the division not more than sixty (60) days after the report is served upon the transit system, which shall be determined by an administrative law judge after notice and an opportunity for hearing. AUTHORITY: section 622.027, RSMo Supp. 1997.* Original rule filed Nov. 4, 1992, effective June 7, 1993. Emergency amendment filed Dec. 20, 1996, effective Dec. 30, 1996, expired June 27, 1997. Amended: Filed June 22, 1998, effective Feb. 28, 1999.

*Original authority: 622.027, RSMo 1985, amended 1993, 1995.