N.Y. Comp. Codes R. & Regs. tit. 17 § 990.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 990.11 - Investigation of accidents

(a) Procedures. Public transportation system and public transportation service accident investigations are conducted by the Safety Board in order to determine the facts, conditions, and circumstances relating to each accident, the probable cause thereof, and to ascertain measures which will best prevent similar accidents in the future. The investigations, carried out in accordance with procedures developed by the Safety Board, include field investigation, report preparation, and where ordered, a public hearing. The staff of the Safety Board are authorized to enter upon any property where a public transportation accident has occurred, where wreckage from any such accident is located or where a vehicle involved in any such accident is located, and do all things necessary for a proper accident investigation, including but not limited to interviewing of witnesses and others, examination and/or testing of any vehicle train or facility or any part or appurtenance thereof, which vehicle, train, facility or part or appurtenance thereof shall immediately be made available for inspection and shall be preserved by the public transportation system and/or public transportation service, to the maximum extent feasible, for the purpose of an accident investigation, which accident investigation shall be commenced and completed with reasonable promptness. The Safety Board may order a vehicle or any part or appurtenance thereof impounded for a period which shall not exceed two business days from the time of notification so that a proper investigation including testing may be conducted. The Safety Board staff may inspect all records, files, papers, processes, controls, equipment and facilities of a public transportation system and/or public transportation service and other relevant factors in connection with the investigation of any accident involving such system or service.

(b) Cooperation. Each public transportation system or service by its officers, directors, owners, members and employees, shall fully cooperate with the Safety Board in the investigation of public transportation accidents. Such cooperation shall include, but shall not be limited to, making the public transportation system's or service's employees available for the purpose of interviews and providing investigators with all information requested, including the names of witnesses and all details of the accident. The failure to cooperate with the investigation as stated herein shall be deemed a violation of these rules and regulations and may be treated as grounds for the withholding of statewide mass transportation operating assistance.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 990.11