The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
(1) Accident--An event that involves any of the following:
A loss of life; a report of a serious injury to a person; a collision
involving a rail transit vehicle; a runaway train; an evacuation for
life safety reasons; or any derailment of a rail transit vehicle,
at any location, at any time, whatever the cause.
(2) Accountable Executive--A single, identifiable individual
(A) ultimate responsibility for carrying out the public
transportation agency safety plan of a public transportation agency;
(B) responsibility for carrying out the agency's transit
asset management plan; and
(C) control or direction over the human and capital
resources needed to develop and maintain both the agency's public
transportation agency safety plan, in accordance with 49 U.S.C. §5329(d),
and the agency's transit asset management plan in accordance with
49 U.S.C. §5326.
(3) Administrator--The Federal Transit Administrator
or the Administrator's designee.
(4) Contractor--An entity that performs tasks on behalf
of FTA, a state safety oversight agency, or a rail transit agency,
through contract or other agreement.
(5) Corrective action plan--A plan developed by a rail
transit agency that describes the actions the rail transit agency
will take to minimize, control, correct, or eliminate risks and hazards,
and the schedule for taking those actions. Either a state safety oversight
agency or FTA may require a rail transit agency to develop and carry
out a corrective action plan.
(6) Department--The Texas Department of Transportation.
(7) Event--An accident, incident, or occurrence.
(8) Executive director--The executive director of the
(9) Fatality--A death that results from an event and
that occurs within 30 days after the date of the event.
(10) FRA--The Federal Railroad Administration, an agency
within the United States Department of Transportation.
(11) FTA--The Federal Transit Administration, an agency
of the United States Department of Transportation.
(12) 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.
(13) 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
(14) 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.
(15) NTSB--The National Transportation Safety Board,
an independent federal agency.
(16) Occurrence--An event without any personal injury
in which any damage to facilities, equipment, rolling stock, or infrastructure
does not disrupt the operations of a rail transit agency.
(17) Passenger--An individual who is on board, boarding,
or alighting from a rail transit vehicle used for the individual's
(18) 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.
(19) Public transportation agency safety plan--The
comprehensive agency safety plan for a transit agency, including a
rail transit agency, that is required by 49 U.S.C 5329(d) and based
on a safety management system.
(20) 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.
(21) Rail transit agency--Any entity that provides
services on a rail fixed guideway public transportation system.
(22) Rail transit controlled property--Property that
is used by the rail transit agency.
(23) Rail transit vehicle--The rail transit agency's
rolling stock, including passenger and maintenance vehicles.
(24) 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.
(25) Serious injury--Any injury that:
(A) requires hospitalization for more than 48 hours,
with the hospitalization beginning within 7 days after the date that
the injury was received;
(B) results in a fracture of any bone, other than a
simple fracture of a finger, toe, or nose;
(C) causes severe hemorrhages, nerve, muscle, or tendon
(D) involves any internal organ; or
(E) involves second- or third-degree burns, or any
burns affecting more than five percent of the body surface.
(26) Vehicle--Any rolling stock used on a rail fixed
guideway public transportation system, including passenger and maintenance