The legal basis for the State Safety Oversight (SSO) program, as mandated by the Federal Transit Administration (FTA), is primarily established under 49 U.S.C. Section 5329(e). This section was significantly amended by the Moving Ahead for Progress in the 21st Century Act (MAP-21).

These legal provisions ensure that states have robust oversight mechanisms to maintain and improve the safety of rail transit systems. In addition to federal law, Georgia has also enacted state-level legislation to support its SSO program. In the 2014 legislative session, the Georgia Code (Official Code of Georgia Annotated, Title 32, Highways, Bridges, and Ferries, Chapter 9, Mass Transportation, Section 32-9-10 (2020)) was amended to implement the fed​eral Public Transportation Safety Program, 49 U.S.C § 5329. As such, GDOT is authorized to take the necessary steps to secure the full benefit of the federal program and to perform all acts necessary to ensure the efficient and safe operation of modes and systems of transportation, which includes Rail Fixed Guideway Public Transportation Systems (RFGPTS)s.​

GDOT SSOA must comply with the statutory requirements specified in the following federal laws and rules:

• 49 U.S. Code § 5329, Public Transportation Safety Program/Fixing America’s Surface Transportation (FAST) Act
• 49 CFR Part 672, Public Transportation Safety Certification Training Program
• 49 CFR Part 673, Public Transportation Agency Safety Plan
• 49 CFR Part 674, State Safety Oversight

As outlined in § 674.3, the SSO rule authorized under U.S.C. 5329(e) is applicable to states with RFGPTSs and entities that own or operate RFGPTSs with federal financial assistance. ​​​​​​​​​​​

Georgia successfully obtained certification almost a year in advance of the federal safety deadline of April 15, 2019 deadline. Georgia's State Safety Oversight (SSO) program is certified by the Federal Transit Administration (FTA). This means that Georgia's program met the federal standards and requirements for ensuring the safety of rail transit systems within the state.

Certification is a continuous process. The state must maintain compliance with federal regulations and may need to update its program to accommodate changes in safety standards or regulations.

Compliance Requirements. For the certification to be obtained, Georgia DOT had to adopt and enforce relevant federal and state safety laws, have investigative authority, and have appropriate financial and human resources for the number, size and complexity of the rail transit systems within the Georgia’s jurisdiction. Over the course of leading up to certification, GDOT participated in meaningful work sessions with the affected transit agencies and our FTA headquarters and regional partners. Georgia’s SSO Program conducts workshops to ensure all parties are apprised of the pending changes to the program.

Program Standard

The Program Standard provides standards, procedures, and technical direction to assist Rail Transit Agencies (RTA) in implementing the requirements of the Georgia Department of Transportation (GDOT) State Safety Oversight (SSO) program. The Program Standard also specifies the safety and security information requirements for ongoing communication between GDOT and RTAs and addresses GDOT’s communication with the Federal Transit Administration (FTA), including initial, annual, and periodic submissions.

As defined in § 674.27, the State Safety Oversight Agency (SSOA) must adopt and distribute a written Program Standard consistent with 49 CFR Part 674 and the National Public Transportation Safety Plan. The Program Standard must also identify the processes and procedures that govern the activities of the SSO, as well as the processes and procedures an RTA must have in place to comply with the Program Standard.

View Program Standard

Risk-based inspection (RBI) programs use qualitative and quantitative data analysis to inform ongoing inspection activities. Risk-based inspection programs are designed to prioritize inspections to address safety concerns and hazards associated with the highest levels of safety risk.

As described in 49 United States Code (U.S.C.) 5329(k), each State Safety Oversight Agency (SSOA) must develop policies and procedures for inspection access and data collection in consultation with each rail transit agency that the SSOA oversees. The policies and procedures must address SSOA authority and capability to enter and conduct inspections of the rail fixed guideway public transportation system (RFGPTS), including access for inspections that occur with and without advance notice. Additionally, the policies and procedures must address how the SSOA will collect data from each rail transit agency to support its risk-based inspection monitoring and prioritization activities, including data that the rail fixed guideway public transportation agency collects when identifying and evaluating safety risks. Risk-based inspection programs must be implemented in a way that is commensurate with the size and complexity of the RTA the SSOA oversees.

GDOT was issued a special directive, October 2022, to develop a risk-based inspection program as a result of the Bipartisan Infrastructure Law amended 49 U.S.C § 5329 to require State Safety Oversight Agencies (SSOAs) to conduct risk-based inspections of the rail fixed guideway public transportation systems that the SSOA oversees. GDOT submitted documents for certification to the FTA, May 2024, and anticipates full implementation of the program, October 2025.