71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 323
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of Transportation)
CHAPTER ................
AN ACT
Relating to rail fixed guideway systems; creating new provisions;
amending ORS 267.230, 811.160, 811.165, 811.460, 811.465,
811.470, 811.475, 811.550 and 824.045; repealing ORS 801.570;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2001 Act is added to and made
a part of ORS chapter 801. + }
SECTION 2. { + ' Rail fixed guideway system' means any light,
heavy or rapid rail system, monorail, inclined plane, funicular,
trolley, streetcar or automated guideway used primarily for
carrying passengers. + }
SECTION 3. ORS 811.160 is amended to read:
811.160. (1) A person commits the offense of interference with
{ - streetcar - } { + rail fixed guideway system + } operation
if the person does any of the following:
(a) Drives any vehicle in front of a { - streetcar - } { +
rail fixed guideway system vehicle + } upon a { - streetcar - }
track and { + the person + } fails to remove the { +
person's + } vehicle from the track as soon as practicable after
signal from the operator of the { - streetcar - } { + rail
fixed guideway system vehicle + }.
(b) Drives a vehicle upon or across { - streetcar - } { +
rail fixed guideway system + } tracks within an intersection in
front of a
{ - streetcar - } { + rail fixed guideway system vehicle + }
when the
{ - streetcar - } { + rail fixed guideway system vehicle + }
has started to cross the intersection.
(c) Overtakes or passes upon the left any { - streetcar - }
{ + rail fixed guideway system vehicle + } proceeding in the
same direction whether actually in motion or temporarily at rest.
This paragraph does not apply on one-way streets or on streets
where the
{ - streetcar - } tracks are so located as to prevent
compliance.
(2) This section applies to any { - streetcar - } { + rail
fixed guideway system vehicle + } that is any device traveling
exclusively upon rails when upon or crossing a highway but does
Enrolled Senate Bill 323 (SB 323-A) Page 1
not apply to cars or trains propelled or moved by steam engine or
by diesel engine.
(3) The offense described in this section, interference with
{ - streetcar - } { + rail fixed guideway system + }
operation, is a Class B traffic violation.
SECTION 4. ORS 811.165 is amended to read:
811.165. (1) A person commits the offense of failure to stop
for passenger loading of a public transit vehicle if the person
is the driver of a vehicle overtaking a public transit vehicle
described in this section that is stopped or about to stop for
the purpose of receiving or discharging any passenger and the
person does not:
(a) Stop the overtaking vehicle to the rear of the nearest
running board or door of the public transit vehicle; and
(b) Keep the vehicle stationary until all passengers have
boarded or alighted therefrom and reached a place of safety.
(2) { + This section applies to + } the following
{ - described vehicles are the - } public transit vehicles
{ - that the requirements of this section are applicable to - }
:
(a) Commercial buses { - . - } { + ; and + }
{ - (b) Trolleys. - }
{ - (c) Streetcars, including every device traveling
exclusively upon rails when upon or crossing a street, other than
cars or trains propelled or moved by steam engine or by diesel
engine. - }
{ + (b) Rail fixed guideway system vehicles. + }
(3) A person is not in violation of this section if the person
passes a public transit vehicle:
(a) Upon the left of any public transit vehicle described in
this section on a one-way street; or
(b) At a speed not greater than is reasonable and proper and
with due caution for the safety of pedestrians when:
(A) The public transit vehicle has stopped at the curb; or
(B) Any area or space has been officially set apart within the
roadway for the exclusive use of pedestrians and the area or
space is so protected or marked or indicated by adequate signs as
to be plainly visible at all times while set apart as a safety
zone.
(4) The offense described in this section, failure to stop for
passenger loading of public transit vehicle, is a Class B traffic
violation.
SECTION 5. ORS 811.460 is amended to read:
811.460. (1) A person commits the offense of failure to follow
rail crossing procedures for high-risk vehicles if the person
takes any vehicle described in this section across any
railroad { + or rail fixed guideway system + } tracks at grade
without doing all of the following:
(a) Stopping the vehicle at a clearly marked stop line or, if
there is not a clearly marked stop line, not less than 15 feet
nor more than 50 feet from the nearest rail of the railroad { +
or rail fixed guideway system + }.
(b) While so stopped, listening and looking in both directions
along the tracks for approaching trains { + or rail fixed
guideway system vehicles + } and for signals indicating
approaching trains { + or rail fixed guideway system
vehicles + }.
(c) Proceeding across the tracks after stopping only when such
movement can be performed safely in the gear of the motor vehicle
that does not require manually changing gears while proceeding.
Enrolled Senate Bill 323 (SB 323-A) Page 2
(d) Proceeding across the tracks without manually changing
gears.
(2) This section applies to the following vehicles when moved
across railroad { + or rail fixed guideway system + } tracks:
(a) A school bus.
(b) A school activity vehicle with a loaded weight of 10,000
pounds or more.
(c) A worker transport bus.
(d) Any bus operated for transporting children to and from
church or an activity or function authorized by a church.
(e) Any vehicle used in the transportation of persons for hire
by a nonprofit entity as provided under ORS 825.017 (9).
(f) A commercial bus.
(g) A motor vehicle carrying as a cargo or part of a cargo any
explosive substance, inflammable liquids, corrosives or similar
substances or any cargo that the Department of Transportation
determines to be hazardous. For purposes of this paragraph, the
department may only determine a substance to be hazardous by
rule. Any rules adopted by the department to determine hazardous
substances must be consistent with substances classified as
hazardous by the United States Secretary of Transportation.
(3) Exemptions to this section are provided under ORS 811.465.
(4) The offense described in this section, failure to follow in
rail crossing procedures for high-risk vehicles, is a Class B
traffic violation.
SECTION 6. ORS 811.465 is amended to read:
811.465. This section establishes exemptions from the special
crossing procedures established for high-risk vehicles under ORS
811.460. The exemptions are partial or complete as described in
the following:
(1) The vehicles are not required to comply with the procedures
at a crossing of a street or highway and { - street railway - }
{ + rail fixed guideway system + }tracks { - . - } { + if:
(a) The rail fixed guideway system vehicles operate within and
parallel to the right of way of a street or highway; and
(b) All vehicle movements are controlled by traffic control
devices. + }
{ - (2) The vehicles are not required to comply with the
procedures when crossing interurban electric tracks where traffic
control signals are in operation and give indication to
approaching vehicular traffic to proceed. - }
{ - (3) - } { + (2) + } The vehicles are not required to
comply with the procedures when crossing any railway tracks upon
which operation has been abandoned and for which the Department
of Transportation has plainly marked that no stop need be made.
{ - (4) - } { + (3) + } The vehicles are not required to
comply with the procedures when crossing industry track crossings
across which train operations are required by law to be conducted
under flag protection.
{ - (5) - } { + (4) + } The vehicles are not required to
comply with the procedures when crossing industry track crossings
within districts in which the designated speed of vehicles is 20
miles per hour or less.
{ - (6) - } { + (5) + } Vehicles are not required to comply
with the procedures when crossing any crossing where an officer
directs traffic to proceed or where an operating traffic control
signal indicates that other traffic may proceed.
{ - (7) - } { + (6) + } Vehicles are not required to comply
with the procedures when crossing any crossing protected by
crossing gates. The exemption under this subsection does not
Enrolled Senate Bill 323 (SB 323-A) Page 3
apply to school buses or school activity vehicles which are
required to stop at crossings with crossing gates under ORS
811.460.
{ - (8) - } { + (7) + } Except when a train { + or rail
fixed guideway system vehicle + } is approaching, the driver of a
commercial bus is not required to stop at crossings where the
Department of Transportation has determined and plainly marked
that no stop need be made.
SECTION 7. ORS 811.470 is amended to read:
811.470. (1) A person commits the offense of improper movement
of heavy equipment across a rail crossing if the person operates
or moves any equipment described in this section upon or across
any tracks at a railroad { + or rail fixed guideway system + }
grade crossing without complying with any of the following:
(a) Before moving across the tracks, the person must give
notice of an intended crossing to a responsible officer of the
railroad { + or rail fixed guideway system + } in time for
protection to be given.
(b) Where the railroad { + or rail fixed guideway system + }
has provided a flagger, the person operating or moving such
equipment shall obey the direction of the flagger.
(c) The person operating or moving such equipment must do all
of the following:
(A) The person must stop before making the crossing at a
clearly marked line or, if there is no clearly marked line, not
less than 15 feet nor more than 50 feet from the nearest rail.
(B) While so stopped, the person must look and listen in both
directions along the tracks for approaching trains.
(C) The person shall not proceed across the tracks unless the
crossing can be made safely.
(2) This section applies to the operation of movement across
railroad { + or rail fixed guideway system + } tracks of any
crawler-type tractor, steam shovel, derrick, roller or any
equipment or structure having a normal operating speed of 10
miles per hour or less or a vertical body or load clearance of
less than one-half inch per foot of the distance between any two
adjacent axles or in any event of less than nine inches, measured
above the level surface of a roadway.
(3) The offense described in this section, improper movement of
heavy equipment across a rail crossing, is a Class B traffic
violation.
SECTION 8. ORS 811.475 is amended to read:
811.475. (1) A person commits the offense of obstructing a rail
crossing if the person is operating a vehicle and the person
drives onto any railroad { + or rail fixed guideway system + }
grade crossing when there is not sufficient space on the other
side of the railroad { + or rail fixed guideway system + } grade
crossing to accommodate the vehicle the person is operating
without obstructing the passage of other vehicles,
pedestrians { + , + } { - or - } railroad trains { + or rail
fixed guideway system vehicles + }.
(2) The offense described in this section is applicable whether
or not a traffic control device indicates to proceed.
(3) The offense described in this section, obstructing rail
crossings, is a Class B traffic violation.
SECTION 9. ORS 811.550 is amended to read:
811.550. This section establishes places where stopping,
standing and parking a vehicle are prohibited for purposes of the
penalties under ORS 811.555. Except as provided under an
exemption in ORS 811.560, a person is in violation of ORS 811.555
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if a person parks, stops or leaves standing a vehicle in any of
the following places:
(1) Upon a roadway outside a business district or residence
district, whether attended or unattended, when it is practicable
to stop, park or leave the vehicle standing off the roadway.
Exemptions under ORS 811.560 (1), (7) and (9) are applicable to
this subsection.
(2) On a shoulder, whether attended or unattended, unless a
clear and unobstructed width of the roadway opposite the standing
vehicle is left for the passage of other vehicles and the
standing vehicle is visible from a distance of 200 feet in each
direction upon the roadway or the person, at least 200 feet in
each direction upon the roadway, warns approaching motorists of
the standing vehicle by use of flaggers, flags, signs or other
signals. Exemptions under ORS 811.560 (9) are applicable to this
subsection.
(3) On the roadway side of a vehicle stopped or parked at the
edge or curb of a highway. Exemptions under ORS 811.560 (7) are
applicable to this subsection.
(4) On a sidewalk. Exemptions under ORS 811.560 (4) to (7) are
applicable to this subsection.
(5) Within an intersection. Exemptions under ORS 811.560 (4) to
(7) are applicable to this subsection.
(6) On a crosswalk. Exemptions under ORS 811.560 (4) to (7) are
applicable to this subsection.
(7) Between a safety zone and the adjacent curb or within 30
feet of points on the curb immediately opposite the ends of a
safety zone, unless a different length is indicated by signs and
markings. For purposes of this subsection the safety zone must be
an area or space officially set apart within a roadway for the
exclusive use of pedestrians and which is protected or is so
marked or indicated by adequate signs as to be plainly visible at
all times while set apart as a safety zone. Exemptions under ORS
811.560 (4) to (7) are applicable to this subsection.
(8) Alongside or opposite a street excavation or obstruction
when stopping, standing or parking would obstruct traffic.
Exemptions under ORS 811.560 (4) to (7) are applicable to this
subsection.
(9) Upon a bridge or other elevated structure upon a highway.
Exemptions under ORS 811.560 (4) to (8) are applicable to this
subsection.
(10) Within a highway tunnel. Exemptions under ORS 811.560 (4)
to (7) are applicable to this subsection.
(11) On any railroad { + or rail fixed guideway system + }
tracks or within seven and one-half feet of the nearest rail at a
time when the parking of vehicles would conflict with
{ - railroad - } operations or repair of the { - railroad - }
tracks. Exemptions under ORS 811.560 (4) to (7) are applicable to
this subsection.
(12) On a throughway. Exemptions under ORS 811.560 (4) to (7)
are applicable to this subsection.
(13) In the area between roadways of a divided highway,
including crossovers. Exemptions under ORS 811.560 (4) to (7) are
applicable to this subsection.
(14) At any place where traffic control devices prohibit
stopping. Exemptions under ORS 811.560 (4) to (7) are applicable
to this subsection.
(15) In front of a public or private driveway. Exemptions under
ORS 811.560 (2) and (4) to (7) are applicable to this subsection.
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(16) Within 10 feet of a fire hydrant. Exemptions under ORS
811.560 (2) and (4) to (7) are applicable to this subsection.
(17) Within 20 feet of a crosswalk at an intersection.
Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to
this subsection.
(18) Within 50 feet upon the approach to an official flashing
signal, stop sign, yield sign or traffic control device located
at the side of the roadway if the standing or parking of a
vehicle will obstruct the view of any traffic control device
located at the side of the roadway. Exemptions under ORS 811.560
(2) and (4) to (7) are applicable to this subsection.
(19) Within 15 feet of the driveway entrance to a fire station
and on the side of a street opposite the entrance to a fire
station, within 75 feet of the entrance. Exemptions under ORS
811.560 (2) and (4) to (7) are applicable to this subsection.
(20) At any place where traffic control devices prohibit
standing. Exemptions under ORS 811.560 (2) and (4) to (7) are
applicable to this subsection.
(21) Within 50 feet of the nearest rail of a railroad { + or
rail fixed guideway system + } crossing. Exemptions under ORS
811.560 (3) to (7) are applicable to this subsection.
(22) At any place where traffic control devices prohibit
parking. Exemptions under ORS 811.560 (3) to (7) are applicable
to this subsection.
(23) On a bicycle lane. Exemptions under ORS 811.560 are
applicable to this subsection.
(24) On a bicycle path. Exemptions under ORS 811.560 are
applicable to this subsection.
SECTION 10. ORS 267.230 is amended to read:
267.230. (1) Except as provided in { + ORS 824.045 and + }
subsection (2) of this section, a transit system operated by a
district, including the rates and charges made by a district and
the equipment operated by a district, shall not be subject to
state laws or ordinances of any political subdivision regulating
public utilities or railroads, including those laws administered
by the Department of Transportation.
(2) ORS 824.200 to 824.256 apply to the transit system operated
by a district except for control and regulation of any crossing
at which the light rail transit vehicles of a district's transit
system cross a highway at separated grades or any grade crossing
at which the light rail transit vehicles operate within and
parallel to the right of way of a highway and where all
conflicting vehicle movements are controlled by standard highway
traffic devices. However, upon written request from the district
and the public authority with jurisdiction over the highway at
such a grade crossing, the department shall adjudicate any
dispute that arises between the district and the public authority
with regard to the grade crossing.
SECTION 11. ORS 824.045 is amended to read:
824.045. (1) Except as provided in ORS 479.950, the Department
of Transportation, by rule, shall establish a system safety
program standard that applies to { - all mass transit
districts - } { + any municipal corporation + }that { + owns
or + } { - operate - } { + operates + } a rail fixed guideway
system that is not regulated by the Federal Railroad
Administration. The Department of Transportation is designated as
the state agency to monitor compliance with the standard, as
required by federal law.
Enrolled Senate Bill 323 (SB 323-A) Page 6
{ - (2) As used in this section, 'mass transit district'
means a mass transit district established under ORS 267.010 to
267.390. - }
{ + (2) As used in this section, 'municipal corporation'
means:
(a) A county;
(b) A city;
(c) A special district organized under ORS 198.705 to 198.845;
(d) A mass transit district organized under ORS 267.010 to
267.390;
(e) A transportation district organized under ORS 267.510 to
267.650;
(f) A metropolitan service district organized under ORS chapter
268;
(g) A port organized under ORS 777.005 to 777.725 or 777.915 to
777.953; or
(h) The Port of Portland created by ORS 778.010.
(3) The department shall set an annual fee for operators of
rail fixed guideway systems to defray the costs of the safety
program described in subsection (1) of this section and the costs
associated with department responsibilities under ORS 267.230
(2). The department shall establish by rule the manner and
timing of the collection of the fee. Fees collected by the
department that are in excess of the combined actual cost of the
safety program and the costs associated with department
responsibilities under ORS 267.230 (2) shall be refunded to
operators of rail fixed guideway systems within one year
following the end of the fiscal year in which the department
collected the excess fees. In lieu of a refund, an operator of a
rail fixed guideway system may choose to have the excess fees
credited against the subsequent year's fee payment. + }
SECTION 12. { + ORS 801.570 is repealed. + }
SECTION 13. { + This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2001 Act takes effect on
its passage. + }
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Passed by Senate February 14, 2001
Repassed by Senate June 6, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 1, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 323 (SB 323-A) Page 7
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 323 (SB 323-A) Page 8