PURPOSE: This rule provides for the reporting and correction of accidents and unacceptable hazardous conditions occurring on fixed guideway transit systems, and for appropriate investigation by the division.

1. (1) Every fixed guideway transit system operating within Missouri shall give notice to this division of all accidents and unacceptable hazardous conditions, as those terms are defined in rule 4 CSR 265-9.101, within the time and in the manner prescribed in this rule.

2. (2) The transit system shall report Category I accidents and unacceptable hazardous conditions immediately, twenty-four (24) hours a day, by telephone to the division at (573) 751- 4291. Category I includes the following accidents and unacceptable hazardous conditions:

   1. (A) A derailment or collision resulting in a fatality or injury;
   2. (B) Any accident or unacceptable hazardous conditions resulting in a fatality as a result of the operations of a train or equipment on a transit system; or
   3. (C) Any incident involving fire or hazardous material requiring the cessation of operations or evacuation of employees or passengers.
3. (3) The transit system shall report Category II accidents and unacceptable hazardous condi- 4 CSR 265-9

tions in writing to the division on the monthly report required by this rule. Category II includes all other accidents and unacceptable hazardous conditions, as defined in rule 4 CSR 265-9.010, besides Category I accidents and unacceptable hazardous conditions.

1. (4) Each transit agency shall perform its own investigation of the probable cause of every Category I and Category II accident and unacceptable hazardous condition that occurs on its transit system, and shall file a written, monthly report on each accident and unacceptable hazardous condition using a form approved by the division staff. These reports shall be filed within thirty (30) days after the last day of the month in which the accident occurred or the unacceptable hazardous condition was discovered. The monthly report shall include the transit system’s determination of the probable cause of each reported accident and unacceptable hazardous condition, and shall include such other information about the accidents and unacceptable hazardous conditions as the division may require.
2. (5) Together with each monthly report, the transit system shall file with the division, for review and approval, a corrective action plan which shall describe the transit system’s plans to minimize, control, correct or eliminate each accident or unacceptable hazardous condition in a manner, and within a specified time, as stated in the plan. The corrective action plan shall include such relevant information as the division may require.

3. (6) The division shall perform an investigation, either independently or jointly with other involved public agencies, to determine the probable cause of each accident and unacceptable hazardous condition on a transit system within the division’s jurisdiction; except that if the National Transportation Safety Board investigates an accident or unacceptable hazardous condition occurring on a transit system, then the division may perform an investigation.

   1. (A) Whenever the division investigates a Category I accident or unacceptable hazardous condition, it shall—

      1. 1. Assign appropriate division person-

nel, or engage a qualified consultant, or both, to assist in the investigation;

1. 2. Inspect the site of the accident or

unacceptable hazardous condition as soon as possible;

1. 3. Interview available witnesses, rele-

vant transit system personnel and, if applicable, any other involved parties;

1. 4. Review or collect any relevant physi-

cal or documentary evidence available to the division;

1. 5. Review the transit system’s determi-

nation of the probable cause of the accident or unacceptable hazardous condition, and its corrective action plan. The division director shall notify the transit system of the approval of the corrective action plan. The division staff may object to the corrective action plan, or any part of the plan, 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; and

1. 6. Determine the probable cause of the

accident or unacceptable hazardous condition.

1. (B) Whenever the division investigates a Category II accident or unacceptable hazardous condition, it shall, at a minimum, perform the activities described in paragraphs 5. and 6. of subsection (A) of this section. The division may also perform any activities described in paragraphs 1., 2., 3. or 4. of that subsection, or otherwise authorized by law.

AUTHORITY: section 622.027, RSMo Supp. 1997.* Emergency rule filed Feb. 5, 1993, effective Feb. 15, 1993, expired June 14, 1993. 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 1985, amended 1993, 1995.