§ 48:214 — Fixed guideway rail systems; safety

A. The office of multimodal planning of the Department of Transportation and Development is hereby designated as the state safety oversight entity pursuant to 49 U.S.C. §5329(e)(4).
B. As the state safety oversight entity, the office shall have the following powers and duties only to the extent necessary to fulfill its obligations under federal law:
(1) Enter onto and inspect the property of operators of fixed guideway rail systems receiving federal funds without prior notice to such operators.
(2) Audit operators of fixed guideway rail systems receiving federal funds for compliance with federal and state laws regarding the safety of fixed guideway rail systems and compliance with a public transportation agency safety plan adopted by a specific operator pursuant to 49 U.S.C. §5329(d).
(3) Direct the operator of a fixed guideway rail system to correct a safety hazard by a specified date and time.
(4) Take legal action in a court of competent jurisdiction to compel an operator of a fixed guideway rail system to correct a safety hazard, or to prevent the operation of all or part of a fixed guideway rail system that the office has determined to be unsafe.
(5) Audit, review, approve, and oversee operators of fixed guideway rail systems receiving federal funds for compliance with a plan adopted by a specific operator in compliance with Title 49, Section 5329(d) of the United States Code.
(6) Enforce statutes, regulations, executive orders, and rules relating to the operation of a fixed guideway rail public transportation system in Louisiana.
(7) Implement such rules and regulations as may be necessary in order to comply with this Section, and as may be promulgated by the Department of Transportation and Development, in accordance with the Administrative Procedure Act.

Legislative History

Acts 2014, No. 170, §1.