The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Department--The Texas Department of Transportation.
2. (2) Executive director--The executive director of the department.
3. (3) Fatality--A death that results from an incident and that occurs within 30 days after the date of the incident.
4. (4) FTA--The Federal Transit Administration, an agency of the United States Department of Transportation.
5. (5) Hazard--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.
6. (6) Incident--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 rail transit agency.
7. (7) Injury--Any physical damage or harm that occurs to an individual as a result of an incident and that requires immediate medical attention away from the scene.
8. (8) Investigation--The process of determining the causal and contributing factors of an accident, incident, or hazard, for the purpose of preventing recurrence and mitigating risk.
9. (9) Passenger--An individual who is on board, boarding, or alighting from a rail transit vehicle used for the individual's travel.
10. (10) Pre-revenue Operations--Operation of the rail fixed guideway public transportation system prior to revenue service that includes identification and performance of tests, drills, exercises, and audits designed to verify the functional capability and readiness of the system.
11. (11) Rail fixed guideway public transportation system--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 engineering or construction. Rail fixed guideway public transportation systems include but are not limited to rapid rail, heavy rail, light rail, monorail, trolley, inclined plane, funicular, and automated guideway.
12. (12) Rail transit agency--Any entity that provides services on a rail fixed guideway public transportation system.
13. (13) Rail transit controlled property--Property that is used by the rail transit agency.
14. (14) Rail transit vehicle--The rail transit agency's rolling stock, including passenger and maintenance vehicles.
15. (15) Revenue Service--Operation of the rail fixed guideway public transportation system to carry passengers that pay fares, provide payment through a contractual arrangement, or have the fares subsidized by public policy. Vehicles operated in fare free service are considered in revenue service.

Source Note:The provisions of this §7.81 adopted to be effective September 1, 2018, 43 TexReg 5238.