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Chapter 17     Entire Code


ARTICLE 1. DEFINITIONS.

ARTICLE 2. STATE ROAD COMMISSION.

ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.

ARTICLE 2B. TOLL ROAD STUDY COMMISSION.

ARTICLE 2C. ORPHAN ROAD AND BRIDGE ACQUISITION PROGRAM.

ARTICLE 2D. HIGHWAY DESIGN-BUILD PILOT PROGRAM.

ARTICLE 2E. DIG ONCE POLICY.

ARTICLE 3. STATE ROAD FUND.

ARTICLE 3A. INDUSTRIAL ACCESS ROAD FUND.

ARTICLE 4. STATE ROAD SYSTEM.

ARTICLE 4A. COMPLETE STREETS ACT.

ARTICLE 5. STATE CONVICT ROAD FORCE.

ARTICLE 5A. DEPARTMENT OF MOTOR VEHICLES.

ARTICLE 6. LICENSES.

ARTICLE 7. CERTIFICATES OF TITLE.

ARTICLE 8. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.

ARTICLE 9. GENERAL PROVISIONS APPLICABLE TO STATE ROADS, COUNTY-DISTRICT ROADS, STREETS AND ALLEYS, STATE ROAD COMMISSION, COUNTY COURTS AND MUNICIPAL AUTHORITIES.

ARTICLE 10. COUNTY COURTS; MUNICIPALITIES; GENERAL AUTHORITY AND DUTIES AS TO ROADS, ETC.

ARTICLE 11. COUNTY AND DISTRICT ROAD FUNDS.

ARTICLE 12. COUNTY-DISTRICT ROADS.

ARTICLE 13. COUNTY ROAD ENGINEER OR SUPERVISOR.

ARTICLE 14. DISTRICT ROAD SUPERINTENDENT.

ARTICLE 15. COUNTY CONVICT ROAD FORCE.

ARTICLE 16. OBSTRUCTIONS.

ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY.

ARTICLE 16B. PUBLIC PORT AUTHORITY.

ARTICLE 16C. DIVISION OF PUBLIC TRANSIT.

ARTICLE 16D. ELECTRONIC TOLL COLLECTION.

ARTICLE 17. TOLL BRIDGES.

ARTICLE 17A. CONSTRUCTION FINANCING FOR SURFACE TRANSPORTATION IMPROVEMENTS.

ARTICLE 17B. STATE TRANSPORTATION INFRASTRUCTURE FUND PROGRAM.

ARTICLE 18. FERRIES AND WHARVES.

ARTICLE 19. GENERAL CRIMINAL PROVISIONS.

ARTICLE 20. ROADSIDE MEMORIAL MARKERS.

ARTICLE 21. LICENSING OF CHAUFFEURS AND OTHER MOTOR VEHICLE OPERATORS.

ARTICLE 22. OUTDOOR ADVERTISING.

ARTICLE 23. SALVAGE YARDS.

ARTICLE 24. WASTE TIRE REMEDIATION.

ARTICLE 24A. DISPOSAL OF ABANDONED MOTOR VEHICLES, JUNKED MOTOR VEHICLES, AND ABANDONED OR INOPERATIVE HOUSEHOLD APPLIANCES.

ARTICLE 25. THE WEST VIRGINIA INDUSTRIAL ROAD PARTNERSHIP ACT OF 1989.

ARTICLE 26. STATE ROAD BONDS.

ARTICLE 26A. ROADS TO PROSPERITY STATE ROAD BONDS.

ARTICLE 27. PUBLIC-PRIVATE TRANSPORTATION FACILITIES ACT.

ARTICLE 28. WEST VIRGINIA COMMUNITY EMPOWERMENT TRANSPORTATION ACT.

ARTICLE 29. TRANSPORTATION NETWORK COMPANIES.

ARTICLE 16E. STATE SAFETY OVERSIGHT PROGRAM.

§17-16E-1. Purpose.

The purpose of this article is to establish authority for a State Safety Oversight Agency to oversee the safety for fixed guideway public transportation systems in West Virginia not regulated by the Federal Railroad Administration and to accomplish compliance with 49 U. S. C. §5329.

§17-16E-2. Designated oversight agency; prohibitions.

(a) The Division of Public Transit created by article sixteen-c of this chapter is hereby designated the State Safety Oversight Agency. The Division of Public Transit shall have the powers and duties assigned to the State Safety Oversight Agency.

(b) The State Safety Oversight Agency shall be financially and legally independent from any public transportation entity that the agency oversees. Any public transportation agency is prohibited from providing funds to the State Safety Oversight Agency. The agency may not employ any individual who is also responsible for the administration of rail fixed guideway public transportation programs.

§17-16E-3. Powers and duties; rules.

(a) The State Safety Oversight Agency has the following powers and duties:

(1) Oversee all safety aspects of the rail fixed guideway public transportation system pursuant to 49 U. S. C. §5329, including:

(A) The development, implementation and application of the public transportation system safety plan;

(B) Inspection, investigations or hearings involving all aspects of the facility and its operations including infrastructure, documentation, including electronic data, and personnel and may conduct or cause to be conducted such inspections, investigations or hearings; and

(C) Respond to information obtained through inspection, investigations, hearings, other incidents or occurrences of significance to the State Safety Oversight Agency by the issuance of directives, appropriate suspension of service, withholding of funding or the imposition of civil or criminal penalties;

(2) Enforce federal and state laws on rail fixed guideway public transportation safety;

(3) Determine, in consultation with the Federal Transit Administration, an appropriate staffing level for the State Safety Oversight Agency that is commensurate with the number, size and complexity of the rail fixed guideway transit systems in the state;

(4) Require that its employees and other designated personnel who are responsible for rail fixed guideway public transportation safety oversight are qualified to perform such functions through appropriate training, including successful completion of the public transportation safety certification training program established under 49 U. S. C. §5329(c);

(5) Coordinate all enforcement responsibilities with other governmental authorities as needed;

(6) Review, revise, approve, oversee and enforce the public transportation agency safety plan required under 49 U. S. C. §5329(d), including the implementation by the rail fixed guideway public transportation agency of such plan;

(7) Investigate and enforce the safety of rail fixed guideway public transportation systems;

(8) Audit, at least once every three years, the compliance of the rail fixed guideway public transportation systems in the state with the public transportation agency safety plan required under 49 U. S. C. §5329(d);

(9) Provide an annual status report on the safety of the state's rail fixed guideway public transportation systems to the Federal Transit Administration, the Governor, the Legislature and the governing body of the rail fixed guideway public transportation system;

(10) Prepare and provide to the Governor and Legislature drafts of proposed legislation that may be necessary for the state to remain compliant with the requirements of 49 U. S. C. §5329.

(b) The State Safety Oversight Agency shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to accomplish the purpose of this article, including rules concerning the implementation of the duties set forth in subsection (a) of this section and the inspection and enforcement powers that are reasonably necessary to ensure compliance with 49 U. S. C. §5329.

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