Tranportation Secretary Ray LaHood

LaHood Proposes Legislation to Improve Rail Transit Safety Oversight

Transportation Secretary Ray LaHood on Dec. 8 called on Congress to pass the Obama administration's Public Transportation Safety Program Act of 2009, a new transit safety bill to ensure a high and standard level of safety across all rail transit systems. The measure would effectively eliminate the statutory prohibition against imposing such broad safety standards that has been in place since 1965.

<[p>LaHood made his remarks in testimony before the House Transportation and Infrastructure Committee in Washington, D.C.

"The current system for federal rail transit safety oversight is weak and inadequate and does not guarantee a consistent level of safety for transit passengers," LaHood said. "While rail transit remains a safe way to travel, the Obama administration believes it is time to take serious steps to make it even safer and ensure a standard level of safety across all systems."

Asking the committee to consider the bill "seriously and promptly", LaHood pledged to assist Congress in enacting a new safety regime that will better protect daily riders as transit systems age and available revenues remain tight. The proposed legislation would do three things:

  • First, the bill would authorize LaHood to establish and enforce minimum federal safety standards for rail transit systems--effectively breaking through the 1965 prohibition. The bill would also provide LaHood the option to establish a safety program for public transportation bus systems. LaHood also announced the formation of a Transit Rail Advisory Committee on Safety (TRACS) that will help guide the department's rail transit safety regulations.
  • Second, the bill would authorize LaHood to allow states to receive federal transit assistance to staff and train state oversight personnel to enforce new federal regulations. State programs would have to be well-staffed and adequately empowered by state governments to fully enforce federal regulations in order to be eligible for federal funds.
  • Third, the bill would require the state agencies conducting oversight to be fully financially independent from the transit systems they oversee. The Federal Transit Administration would enforce all federal regulations where states choose not to participate in the program or where the state program is found to lack the necessary enforcement tools.

"More than 14 million passengers use our rail transit systems every weekday. Yet the responsibility to guarantee their safety is currently left to a patchwork of 27 state agencies with inconsistent standards, inadequate powers and insufficient staffing. With one exception, these agencies average less than one full time employee" said FTA Administrator Peter Rogoff, who appeared with LaHood before the House panel. "Our proposed legislation will better ensure that the millions of passengers who use transit to get to work, school, and home every day do so safely and without incident."

Under the administration's proposal, FTA and state agencies participating in federal transit safety enforcement would be authorized to conduct inspections, investigations, audits, and examinations, as well as test public transportation systems' equipment, facilities, rolling stock, operations, and persons engaged in the business of a public transportation system. They would also have the authority to issue reports and subpoenas, require the production of documents, take depositions, and prescribe recordkeeping and reporting requirements.

For a text of the bill, go to http://testimony.ost.dot.gov/final/default.htm.

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