(a) The department will investigate any accident that
is required to be reported under §7.89(a) or (b) of this subchapter
(relating to Event Notification).
(b) The department may authorize the rail transit agency
to conduct the investigation on the department's behalf or may join
the investigation being conducted by the National Transportation Safety
Board through the NTSB's Party System.
(c) If the department authorizes the rail transit agency
to conduct the investigation, all personnel and contractors in the
investigation must be certified in accordance with the Public Transportation
Safety Certification Training Program provided by the U.S. Department
of Transportation, and department-approved procedures shall be followed.
(d) An investigation conducted by a rail transit agency
shall be documented in a final report and submitted to the department
within 30 days after the date of the accident. The final report must
be in the form prescribed in the department's State Safety Oversight
Program Standard.
(e) If the department does not agree with the rail
safety agency's accident report, the department will conduct an accident
investigation and will issue a separate accident report.
(f) The department may conduct an independent accident
investigation for any accident required to be reported under §7.89(a),
(b), or (d) of this subchapter. The rail transit agency shall provide
all information and access to all property necessary for the department
to conduct the investigation. The department's investigation report
will be submitted to the rail transit agency within 45 days after
the date of the completion of the report.
(g) If the National Transportation Safety Board conducts
the accident investigation, the department and the rail transit agency
shall cooperate and provide information to the board when requested.
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