71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 3593
LC 3451/HB 3593-5
HOUSE AMENDMENTS TO
HOUSE BILL 3593
By COMMITTEE ON TRANSPORTATION
May 9
On page 1 of the printed bill, line 2, after the second
semicolon delete the rest of the line and insert 'amending ORS
823.991 and 824.222; and appropriating money.'.
Delete lines 4 through 28 and delete page 2 and insert:
' { + SECTION 1. + } ORS 824.222 is amended to read:
' 824.222. (1) The power to fix and regulate the length of time
a public railroad-highway grade crossing may be blocked by
railroad equipment is vested exclusively in the state.
' (2) { + (a) + } Upon petition of the public authority in
interest, or of any railroad or upon the Department of
Transportation's own motion, the department shall, after due
investigation and hearing, unless hearing is not required under
ORS 824.214, enter an order fixing and regulating the length of
time a public railroad-highway grade crossing may be blocked by
railroad equipment. { +
' (b) Upon petition of a person, the department may, after due
investigation and hearing, unless hearing is not required under
ORS 824.214, enter an order fixing and regulating the length of
time a public railroad-highway grade crossing may be blocked by
railroad equipment. + }
' (3) The time limits fixed by the department shall be maximum
time limits and shall be commensurate with reasonable
requirements of train and vehicular traffic operations.
' (4) Violation of a time limit fixed by the department under
this section is punishable { - , upon conviction, by a fine - }
{ + by a civil penalty + } of not less than { - $100 - }
{ + $500 + } nor more than { - $3,000 - } { + $5,000 + }
for each offense.
' { + SECTION 2. + } { + Sections 3 and 4 of this 2001 Act
are added to and made a part of ORS 824.200 to 824.256. + }
' { + SECTION 3. + } { + (1) The power to regulate the
blocking of a public railroad-highway grade crossing is vested
exclusively in the state.
' (2)(a) Upon petition of a person or the public authority in
interest, or upon the Department of Transportation's own motion,
the department may, after due investigation and hearing, unless
hearing is not required under ORS 824.214, enter an order
prohibiting a railroad from blocking a public railroad-highway
grade crossing with railroad equipment that is stopped if the
department determines that the blocking of the public
railroad-highway grade crossing presents a significant threat to
public safety.
' (b) In determining what constitutes a significant threat to
public safety under paragraph (a) of this subsection, the
department shall consider issues including, but not limited to,
emergency vehicle access at blocked public railroad-highway grade
crossings.
' (3) Violation of an order issued under subsection (2) of this
section is punishable by a civil penalty of not less than $500
nor more than $5,000 for each offense. + }
' { + SECTION 4. + } { + (1) The power to regulate the
distance + } { + from a public railroad-highway grade crossing
at which a railroad may stop or park equipment is vested
exclusively in the state.
' (2)(a) Upon petition of a person or the public authority in
interest, or of any railroad or upon the Department of
Transportation's own motion, the department may, after due
investigation and hearing, unless hearing is not required under
ORS 824.214, enter an order establishing a safe distance from a
public railroad-highway grade crossing at which a railroad may
stop or park equipment.
' (b) In determining what constitutes a safe distance under
paragraph (a) of this subsection, the department shall consider
issues including, but not limited to, hazards associated with
public railroad-highway grade crossings that do not have active
protective devices.
' (3) Violation of an order issued under subsection (2) of this
section is punishable by a civil penalty of not less than $500
nor more than $5,000 for each offense. + }
' { + SECTION 5. + } { + (1) The Grade Crossing Safety
Improvement Fund is established separate and distinct from the
General Fund. Interest earned by the Grade Crossing Safety
Improvement Fund shall be credited to the fund.
' (2) Notwithstanding ORS 823.991, all civil penalties
collected under ORS 824.222 and sections 3 and 4 of this 2001 Act
shall be paid by the Department of Transportation into the State
Treasury within 30 days after the collection thereof and shall be
placed by the State Treasurer to the credit of the Grade Crossing
Safety Improvement Fund. Moneys in the fund are continuously
appropriated to the Department of Transportation for the purpose
of grade crossing safety improvement projects. + }
' { + SECTION 6. + } ORS 823.991 is amended to read:
' 823.991. (1) Any motor carrier or railroad that fails to
comply with an order or subpoena issued pursuant to ORS 823.025
shall pay a civil penalty, for each day it so fails, of not less
than $50 nor more than $500.
' (2) Except where a penalty is otherwise provided by law, any
motor carrier or railroad shall pay a civil penalty of not less
than $100 nor more than $10,000 for each time that the motor
carrier or railroad:
' (a) Violates any statute regarding motor carriers or
railroads, as appropriate, administered by the Department of
Transportation;
' (b) Does any act prohibited, or fails to perform any duty
enjoined upon the motor carrier or railroad;
' (c) Fails to obey any lawful requirement or order made by the
department; or
' (d) Fails to obey any judgment or decree made by any court
upon the application of the department.
' (3) Violation of ORS 823.029 is punishable after issuance of
a final order by the department, by a civil penalty of not less
than $1,000 for each offense. A penalty of not less than $500 nor
more than $1,000 shall be recovered from the motor carrier or
railroad for each such offense when such officer, agent or
employee acted in obedience to the direction, instruction or
request of the motor carrier or railroad, or any general officer
thereof.
' (4) Violation of ORS 823.029 is a Class A violation.
' (5) Violation of ORS 823.051 is punishable, upon conviction,
by a fine of not more than $100 or imprisonment for not more than
30 days, or both. Any motor carrier or railroad that knowingly
permits the violation of ORS 823.051 shall forfeit, upon
conviction, not more than $1,000 for each offense.
' (6) In construing and enforcing this section, the act,
omission or failure of any officer, agent or other person acting
for or employed by any motor carrier or railroad shall in every
case be deemed to be the act, omission or failure of such motor
carrier or railroad. With respect to any violation of any statute
administered by the department regarding motor carriers or
railroads, any penalty provision applying to such a violation by
a motor carrier or railroad shall apply to such a violation by
any other person.
' (7) Except { + as provided in section 5 of this 2001 Act
and + } when provided by law that a penalty, fine, forfeiture or
other sum be paid to the aggrieved party, all penalties, fines or
forfeitures collected from persons subject to the regulatory
authority of the department under ORS chapters 823, 824, 825 and
826 shall be paid into the General Fund and credited to the Motor
Carrier Account if collected from a motor carrier and to the
Railroad Fund created under ORS 824.014 (1) if collected from a
railroad.
' (8) Violation of ORS 823.105 is punishable, after issuance of
a final order by the department, by a civil penalty of not more
than $5,000 for each offense.
' (9) Violation of ORS 823.105 is a violation punishable by a
fine of not more than $5,000 for each offense.
' (10) Civil penalties under this section shall be imposed in
the manner provided by ORS 183.090.'.
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