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District of Columbia Official Code 2001 Edition. |
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Division I. Government of District. |
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Title 9. Transportation Systems. |
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Subtitle III. National Capital Region Transportation. |
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Chapter 11. National Capital Region Transportation. |
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Subchapter V. Washington Metropolitan Area Transit Authority Safety Regulation.
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For the purposes of this subchapter, the term:
(1) "Act" means the Federal Transit Act, approved July 9, 1964 (78 Stat. 302; 49 U.S.C. 5301 et seq.).
(2) "Agreement" means the agreement executed by the Mayor, on behalf of the District of Columbia, with the Commonwealth of Virginia and the State of Maryland for the creation and operation of a joint state oversight agency.
(3) "APTA Manual" means the American Public Transit Association Manual for the Development of Rail Transit System Safety Program Plans as that is referenced in 49 C.F.R. § 659.5.
(4) "Federal Transit Administration" means the Federal Transit Administration of the U.S. Department of Transportation.
(5) "Joint state oversight agency" means the agency for the regulation of the safety of WMATA's rail fixed guideway system that the District of Columbia, Commonwealth of Virginia, and State of Maryland are required to create and operate under section 28 of the Act, as a condition for the continuation of federal grant-in-aid assistance under that Act.
(6) "Plan" means the system safety program plan referenced in 49 C.F.R. § 659.5, including the security portion of that plan.
(7) "Public Works" means the District of Columbia Department of Public Works.
(8) "Rail fixed guideway system" means a rail mass transportation system as defined in 49 C.F.R. § 659.5.
(9) "Standard" means the system safety program standard referenced in 49 C.F.R. § 659.5, including the security portion of that standard.
(10) "Unacceptable hazardous condition" means the condition referenced in 49 C.F.R. § 659.5.
(11) "WMATA" means the Washington Metropolitan Area Transit Authority created pursuant to the Washington Metropolitan Area Transit Regulation Compact, approved November 6, 1966 (80 Stat. 1324; § 9-1107.01).
(Sept. 23, 1997, D.C. Law 12-20, § 2, 44 DCR 4023; Apr. 20, 1999, D.C. Law 12-264, § 13, 46 DCR 2118.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-2445.1.
Temporary Addition of Section
For temporary (225 day) additions, see §§ 2 to 8 of Washington Metropolitan Area Transit Authority Safety Regulation Temporary Act of 1996 (D.C. Law 11- 261, April 25, 1997, law notification 44 DCR 2859).
Emergency Act Amendments
For temporary creation of a joint entity among the District of Columbia, Commonwealth of Virginia, and State of Maryland to regulate the safety and security of the rail fixed guideway system operated by the Washington Metropolitan Area Transit Authority, see §§ 2-8 of the Washington Metropolitan Area Transit Authority Safety Regulation Legislative Review Emergency Act of 1997 (D.C. Act 12-58, March 31, 1997, 44 DCR 2230).
Section 10 of D.C. Act 12-58 provides for the application of the act.
Legislative History of Laws
Law 12-20, the "Washington Metropolitan Area Transit Authority Safety Regulation Act of 1997," was introduced in Council and assigned Bill No. 12-30, which was referred to the Committee on Local, Regional, and Federal Affairs. The Bill was adopted on first and second readings on May 6, 1997, and June 3, 1997, respectively. Signed by the Mayor on June 18, 1997, it was assigned Act No. 12-97 and transmitted to both Houses of Congress for its review. D.C. Law 12-20 became effective on September 23, 1997.
Law 12-264, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-804, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on January 7, 1999, it was assigned Act No. 12-626 and transmitted to both Houses of Congress for its review. D.C. Law 12-264 became effective on April 20, 1999.
References in Text
Section 28 of the Federal Transit Act, referred to in paragraph (5) of this section, was formerly codified at 49 U.S.C. Appx. § 1624 prior to repeal by Act July 5, 1994, P.L. 103-272, § 7(b), 108 Stat. 1379. For the present similar provision, see 49 U.S.C. § 5330.
The Mayor is hereby authorized to execute, on behalf of the District of Columbia, an agreement with the Commonwealth of Virginia and the State of Maryland for the creation and operation of a joint state oversight agency. Any such agency shall be an instrumentality of the District of Columbia, the Commonwealth of Virginia, and the State of Maryland. Any agreement executed by the Mayor to establish the agency shall, at a minimum, contain provisions that substantially satisfy the requirements set forth in § 9-1109.04.
(Sept. 23, 1997, D.C. Law 12-20, § 3, 44 DCR 4023.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-2445.2.
Legislative History of Laws
For legislative history of D.C. Law 12-20, see Historical and Statutory Notes following § 9-1109.01.
The Mayor shall appoint all members to the joint state oversight agency who represent the District of Columbia. Those members shall serve at the pleasure of the Mayor.
(Sept. 23, 1997, D.C. Law 12-20, § 4, 44 DCR 4023.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-2445.3.
Legislative History of Laws
For legislative history of D.C. Law 12-20, see Historical and Statutory Notes following § 9-1109.01.
Any agreement that the Mayor executes pursuant to § 9-1109.02 shall contain provisions that substantially satisfy all of the following requirements:
(1) The joint state oversight agency shall consist of 6 voting members. Each party to the agreement shall appoint 2 members.
(2) Three members of the joint state oversight agency, 1 from each party to the agreement, shall constitute a quorum for the purpose of approving action by the agency.
(3) All actions of the joint state oversight agency shall be approved by majority vote of the members. Such vote shall consist of more than 1/2 of the total number of members in attendance and shall include at least 1 affirmative vote by a representative of each party.
(4) A chairperson shall be elected, by majority vote, from among the members of the joint state oversight agency. The term of the chairperson shall be specified in the agreement. The chairperson shall have such responsibilities, consistent with the requirements of this section, as the agreement provides.
(5) The joint state oversight agency shall be responsible for:
(A) Adopting a standard that satisfies the criteria in the APTA Manual;
(B) Requiring WMATA to develop and implement a plan that satisfies the standard in subparagraph (A) of this paragraph;
(C) Adopting a standard that requires WMATA to address the personal security of passengers and employees in its rail fixed guideway system;
(D) Requiring WMATA to develop and implement a plan that satisfies the standard in subparagraph (C) of this paragraph;
(E) Monitoring the implementation of the plans in subparagraphs (B) and (D) of this paragraph;
(F) Requiring WMATA to conduct internal safety audits for its rail fixed guideway system and to report the results of these audits;
(G) Requiring WMATA to report accidents and unacceptable hazardous conditions in its rail fixed guideway system;
(H) Establishing minimum procedures for investigating accidents and unacceptable hazardous conditions in WMATA's rail fixed guideway system;
(I) Investigating, or requiring WMATA to investigate, any such accidents or conditions;
(J) Requiring WMATA to develop and implement corrective action plans that address accidents and unacceptable hazardous conditions in its rail fixed guideway system;
(K) Conducting on-site safety reviews of WMATA's rail fixed guideway system; and
(L) Making reports as required under section 28 of the Act and under 49 C.F.R. § 659.
(6) The joint state oversight agency shall have authority to contract with a consultant as it deems necessary to carry out its responsibilities. All actual costs associated with such a contract shall be shared equally, on a 1/3 basis, by each party to the agreement.
(7) Any party to the agreement shall be entitled unilaterally to withdraw from it on no more than 60 days written notice to the other parties. Any party that withdraws shall be responsible for its pro rata share of any actual costs incurred for a consultant up to the effective date of termination, in accordance with paragraph (6) of this section.
(Sept. 23, 1997, D.C. Law 12-20, § 5, 44 DCR 4023.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-2445.4.
Legislative History of Laws
For legislative history of D.C. Law 12-20, see Historical and Statutory Notes following § 9-1109.01.
References in Text
Section 28 of the Federal Transit Act, referred to in paragraph (5)(L) of this section, was formerly codified at 49 U.S.C. Appx. § 1624 prior to repeal by Act July 5, 1994, P.L. 103-272, § 7(b), 108 Stat. 1379. For the present similar provision, see 49 U.S.C. § 5330.
The Mayor may execute, on behalf of the District of Columbia, amendments to the agreement authorized by § 9-1109.02 so long as the agreement, as amended, continues to contain provisions that substantially satisfy the requirements in § 9-1109.04.
(Sept. 23, 1997, D.C. Law 12-20, § 6, 44 DCR 4023.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-2445.5.
Legislative History of Laws
For legislative history of D.C. Law 12-20, see Historical and Statutory Notes following § 9-1109.01.
Chapter 3 of Title 2 shall not apply to contracts of the joint state oversight agency.
(Sept. 23, 1997, D.C. Law 12-20, § 7, 44 DCR 4023.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-2445.6.
Legislative History of Laws
For legislative history of D.C. Law 12-20, see Historical and Statutory Notes following § 9-1109.01.
(a) If the Mayor at any time determines that the agreement authorized by § 9-1109.02 is not in the best interest of the District, the Mayor may terminate the District's participation in the agreement and its duty to perform the responsibilities set out in § 9-1109.04(5) within the District.
(b) If the Mayor assumes the responsibilities set out in § 9-1109.04(5) pursuant to a determination made under subsection (a) of this section, the Mayor may promulgate any necessary rules.
(Sept. 23, 1997, D.C. Law 12-20, § 8, 44 DCR 4023.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-2445.7.
Legislative History of Laws
For legislative history of D.C. Law 12-20, see Historical and Statutory Notes following § 9-1109.01.
