Enforcement Authority

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  1. The department shall oversee and have the authority to implement all safety aspects of rail fixed guideway public transportation systems in accordance with 49 U.S.C. § 5329(e), including:
    1. Investigation and enforcement of federal and state laws regarding rail fixed guideway public transportation safety;
    2. Establishment of minimum safety standards for the rail fixed guideway public transportation systems in the state;
    3. Review, approval, oversight, and enforcement of the public transportation agency safety plan required under 49 U.S.C. § 5329(d), including implementation by a rail fixed guideway public transportation system of the system's plan; and
    4. Oversight and enforcement of corrective action by rail fixed guideway public transportation systems in a manner directed by the commissioner or commissioner's designee as needed, including compelling the removal of a specific hazard, immediately suspending or prohibiting rail service as appropriate, or taking other action consistent with this purpose.
  2. The department shall have the right to access the property, vehicles, accident scenes, and records of each rail fixed guideway public transportation system under the oversight of the department for the purpose of fulfilling its duties under this part.


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