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

1. (1) Commission--The Texas Transportation Commission.
2. (2) Corrective action plan--A plan developed by the rail transit agency that describes the actions the rail transit agency will take to minimize, control, correct, or eliminate hazards, and the schedule for implementing those actions.
3. (3) Department--The Texas Department of Transportation.
4. (4) Fatality--A death that results from an incident and that occurs within 30 days following the incident.
5. (5) FTA--The Federal Transit Administration, an agency of the United States Department of Transportation.
6. (6) Hazard--Any real or potential condition (as defined in the rail transit agency's hazard management process) that can cause injury, illness, or death; damage to or loss of a system, equipment or property; or damage to the environment.
7. (7) Incident--An intentional or unintentional act that occurs on or in association with transit-controlled property and that threatens or affects the safety or security of an individual or property.
8. (8) Individual--A passenger; employee; contractor; other rail transit facility worker; pedestrian; trespasser; or any person on rail transit controlled property.
9. (9) 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.
10. (10) Investigation--The process used to determine the causal and contributing factors of an accident or hazard, so that actions can be identified to prevent recurrence.
11. (11) Passenger--A person who is on board, boarding, or alighting from a rail transit vehicle for the purpose of travel.
12. (12) Passenger operations--The period of time when any aspects of rail transit agency operations are initiated with the intent to carry passengers.
13. (13) Property damage--The dollar amount required to replace any vehicle, whether transit or non-transit, and any property or facility damaged during an incident, or to repair it to the condition of the property or facility that existed before the incident.

14. (14) Rail fixed guideway system--Any light, heavy, or rapid rail system, monorail, inclined plane, funicular, trolley, or automated guideway that:

    1. (A) is not regulated by the Federal Railroad Administration; and
    2. (B) is included in FTA's calculation of fixed guideway route miles or receives funding under FTA's formula program for urbanized areas (49 U.S.C. §5336); or
    3. (C) has submitted documentation to FTA indicating its intent to be included in FTA's calculation of fixed guideway route miles to receive funding under FTA's formula program for urbanized areas (49 U.S.C. §5336).
15. (15) Rail transit agency--An entity operating a rail fixed guideway system.
16. (16) Rail transit controlled property--Property that is used by the rail transit agency and may be owned, leased, or maintained by the rail transit agency.
17. (17) Rail transit vehicle--The rail transit agency's rolling stock, including, but not limited to passenger and maintenance vehicles.
18. (18) Revenue service--Passenger transportation occurring when a vehicle is available to the general public and there is a reasonable expectation of carrying passengers that directly pay fares, are subsidized by public policy, or provide payment through some contractual agreement. This does not imply that a cash fare must be paid. Vehicles operated in free fare services are considered in revenue service.
19. (19) Revenue vehicle--The rolling stock used in providing transit service for passengers. This definition does not include a vehicle used in connection with keeping revenue vehicles in operation, such as a tow truck or a staff car.
20. (20) Safety--Freedom from harm resulting from unintentional acts or circumstances.
21. (21) Security--Freedom from harm resulting from intentional acts or circumstances.
22. (22) System safety program plan--A document developed by the rail transit agency, describing its safety policies, objectives, responsibilities, and procedures.
23. (23) System security plan--A document developed by the rail transit agency describing its security policies, objectives, responsibilities, and procedures.

Source Note:The provisions of this §7.81 adopted to be effective May 19, 2011, 36 TexReg 3110.