71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3451
A-Engrossed
House Bill 3593
Ordered by the House May 9
Including House Amendments dated May 9
Sponsored by Representative SIMMONS (at the request of Gerry
Montgomery)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Prohibits railroad from stopping or parking equipment
within 500 feet of crossing where there are two sets of parallel
tracks. Punishes by maximum fine of $4,000. - }
{ - Prohibits railroad from blocking railroad crossing with
equipment where railroad tracks intersect with dead-end road.
Punishes by maximum fine of $10,000. - }
{ - Increases maximum fine for violation of time limit for
blocking railroad crossing. - }
{ - Requires Department of Transportation to give due
consideration to danger of blocked railroad crossing where tracks
intersect with dead-end road. Requires department to revise
hazard formula to include risks associated with blocked railroad
crossing where tracks intersect with dead-end road. - }
{ + Expands persons who may petition Department of
Transportation to enter order fixing maximum time public
railroad-highway grade crossing may be blocked by railroad
equipment. Authorizes department to issue orders prohibiting
blocking of public railroad-highway grade crossing with railroad
equipment that is stopped or establishing safe distance from
railroad-highway grade crossing for railroad to stop or park
equipment. Establishes maximum civil penalty of $5,000 for
violation of department order. + }
A BILL FOR AN ACT
Relating to railroad crossings; creating new provisions; amending
ORS 823.991 and 824.222; and appropriating money.
Be It Enacted by the People of the State of Oregon:
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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