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
 
                         House Bill 3593
 
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 as
introduced.
 
  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.
 
                        A BILL FOR AN ACT
Relating to railroad crossings; creating new provisions; and
  amending ORS 824.222 and 824.226.
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) 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.
   { +  (3) The department may not permit a railroad to stop or
park equipment within 500 feet of a public railroad-highway grade
crossing where there are two sets of parallel railroad tracks.
  (4) The department may not permit a public railroad to block a
public railroad-highway grade crossing with equipment where the
railroad tracks intersect with a dead-end road, restricting the
only access to and exit from a portion of the road. + }
    { - (3) - }  { +  (5) + } 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) - }  { +  (6)(a) + } Violation of a time limit fixed
by the department under this section is punishable, upon
conviction, by a fine of not less than $100 nor more than
 { - $3,000 - }   { + $4,000 + } for each offense.
   { +  (b) Violation of subsection (3) of this section is
punishable, upon conviction, by a fine of not less than $100 nor
more than $4,000 for each offense.
  (c) Violation of subsection (4) of this section is punishable,
upon conviction, by a fine of not less than $7,000 and not more
than $10,000 for each offense. + }
  SECTION 2. ORS 824.226 is amended to read:
  824.226. (1) The Department of Transportation on its own motion
may, or upon application by the common council or mayor of any
city, or any county judge or county commissioner or county
roadmaster, or by five or more residents and taxpayers in any
city, county or road district to the effect that a public highway
and a railroad cross one another in such city, county or road
district at the same level, and that such grade crossing is
unsafe and dangerous to travelers over such highway or railroad,
shall, give notice to the railroad company, of the filing of such
application, and furnish a copy of the same to the railroad
company, and order a hearing thereon in the manner provided for
contested case hearings under ORS 183.310 to 183.550. { +  The
department shall give due attention to the danger of grade
crossings where the railroad tracks intersect with a dead-end
road, restricting the only access to and exit from a portion of
the road. + }
  (2) If upon such hearing it appears to the satisfaction of the
department that the crossing complained of is unsafe and
dangerous to human life, the department may order the crossing
closed or order and direct the railroad or public authority to
install and maintain proper protective devices, and establish a
date by which such devices are to be installed and placed into
operation. The department shall apportion the installation and
maintenance costs thereof in accordance with ORS 824.242 to
824.246, and, notwithstanding the provisions of ORS 183.310 to
183.550, shall suspend the effective date of the order until the
public authority in interest has consented to the apportionment
and has agreed to comply therewith.
  SECTION 3.  { + The Department of Transportation shall revise
its hazard ranking formula to include as a factor the hazard
involved at grade crossings where the railroad tracks intersect
with a dead-end road, restricting the only access to and exit
from a portion of the road. The department shall submit the
revised formula to the Federal Highway Administration for
approval. + }
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