Railroad safety and security authority

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  2. District of Columbia Code
  3. Environmental and Animal Control and Protection
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  5. General
  6. Railroad safety and security authority

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(a) The Director may enter into agreements with, and provide any necessary certifications, documents, and other information to, the FRA in order to perform the functions of a state rail safety agency, to the extent permissible under 49 U.S.C. § 20101 et seq.), or any regulations issued thereunder.

(b) The state rail safety agency's budget shall be a distinct program, with its own program code and all funds shall be budgeted and reported within the program. The program's budget may merge with the state safety oversight agency's budget established under § 8-151.08b, to the extent permissible under 49 U.S.C. § 20101.

(c) The Director may engage in investigative and surveillance activities related to the safety of facilities, equipment, rolling stock, and operations of railroads and railroad carriers operating in the District and may take enforcement actions, to the extent permissible under 49 U.S.C. § 20101 et seq.), or any regulation issued thereunder.

(Feb. 15, 2006, D.C. Law 16-51, § 108c; as added Apr. 7, 2017, D.C. Law 21-254, § 101(c), 64 DCR 2028.)

Applicability

Section 6033 of D.C. Law 22-168 repealed § 501(a) of D.C. Law 21-254. Therefore the creation of this section by D.C. Law 21-254 has been implemented.

Section 501(d) of D.C. Law 21-254 provided that this section shall apply after the Mayor enters an agreement to participate in railroad investigative and surveillance activities with the Federal Railroad Administration ("FRA") and the FRA delegates investigative and surveillance authority with respect to all or any part of federal railroad safety laws pursuant to 49 C.F.R. § 212.105.

Applicability of D.C. Law 21-254: § 501 of D.C. Law 21-254 provided that the creation of this section by § 101(c) of D.C. Law 21-254 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Construction of Law

Section 401 of Law 21-254 provided that Law 21-254 shall be construed, and the authority granted under it shall be exercised, in a manner consistent with applicable federal laws and regulations.


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