Chapter 824 — Railroads
2011 EDITION
RAILROADS
OREGON VEHICLE CODE
FUNDS, ACCOUNTS AND FEES
824.010 Annual
fees payable by railroads; audit
824.012 Failure
to pay fees; penalty
824.014 Railroad
Fund; sources; use
824.016 State
Rail Rehabilitation Fund; use
824.018 Grade
Crossing Protection Account; use; limits
824.019 Grade
Crossing Safety Improvement Fund
GENERAL PROVISIONS
824.020 Definitions
for ORS 824.020 to 824.042
824.022 Applicability
of ORS 824.020 to 824.042, 824.050 to 824.110 and 824.200 to 824.256
824.024 Procedure
for construction of side lines and extensions
INSPECTORS; REPORTS
824.026 Railway
inspectors required; powers and duties
824.030 Annual
report to department; penalty
ACQUISITION OR ABANDONMENT OF LINES
824.040 Government
acquisition of lines; permitted actions
824.042 Department
to participate in contested abandonment proceedings
SAFETY PROGRAM STANDARD
824.045 Department
establishment of system safety program for rail fixed guideway
system; fee; rules
FACILITIES AND TRACKS
824.050 Inspection
of, recommendations on and orders concerning railroad equipment and facilities
824.052 Track
clearances
824.054 Cooperation
with federal agencies on matters of safety; disclosure of reports if required
by federal law
824.056 Walkway
standards; rules; variances
824.058 Track
improvement and rehabilitation program
EQUIPMENT
824.060 First
aid kits required on locomotives and caboose cars
824.062 Equipment
required on track motor cars
824.064 Self-propelled
vehicles used in yards or terminals
824.066 Helper
unit operation restrictions
824.068 Water
quality and sanitation facility standards for locomotives and caboose cars
HAZARDOUS MATERIALS
824.080 “Hazardous
materials” defined
824.082 Notice
of movement of hazardous materials; confidentiality of notice information
824.084 Visual
external inspections required on cars standing in rail yards or stations more
than two hours
824.086 Designation
of hazardous materials and notice requirements; rules
824.088 Notifying
Office of Emergency Management of reportable incident, derailments and fires;
radio gear
824.090 Department
to set standards for safe transportation of hazardous wastes; rules; civil
penalty
824.092 Disclosure
of hazardous waste reports and information to Environmental Protection Agency
CABOOSE REQUIREMENTS
824.100 Definitions
for ORS 824.102 to 824.110
824.102 Application
of requirements
824.104 Fire
extinguishers; exemption
824.106 Use
of noncomplying caboose prohibited; equipment
failure; repair
824.108 Register
for reporting failures of equipment or maintenance standards; rules for use
824.110 Administrative
authority of department; rules
RAILROAD CROSSINGS
824.200 Definitions
for ORS 824.200 to 824.256
824.202 Policy;
authority vested in state and department
824.204 Authority
to construct grade crossings; protective devices
824.206 Elimination,
relocation or alteration of grade crossing; installation or alteration of
protective devices
824.208 Authority
to fix speeds and regulate sounding of train warning devices at crossings
824.210 Construction
and alteration of crossings above or below grade
824.212 Specifications
for construction and maintenance of crossings; application of specifications;
priorities; compliance
824.214 Procedure
to obtain permission for crossings; rules
824.216 Procedure
to compel compliance with orders
824.218 Work
and materials furnished by railroad company; supervision of work
824.220 Protective
devices; rules
824.222 Authority
over duration that grade crossing may be blocked; penalty
824.223 Authority
to regulate distance from grade crossing at which railroad may stop or park
equipment; penalty
824.224 When
stop signs are to be installed by railroad; exemption; grade crossing
alteration, relocation or closure
824.226 Dangerous
grade crossings; notice; hearing; order to install protective devices;
apportioning of cost
824.228 Procedure
for determining mode of track crossing of intersecting railroads
824.230 Installation
of protective devices where railroads intersect at grade
824.232 Forfeiture
for noncompliance
824.234 Use
of findings of department regarding hazards at crossings
824.236 Protective
devices at unauthorized railroad-highway crossing; apportionment to railroad;
reimbursement; closure
COST APPORTIONMENTS
824.238 Division
of costs between railroad and public authority
824.240 Payment
when public highway involved
824.242 Apportionment
of costs for installation of protective devices
824.244 Apportionment
of costs for maintenance of protective devices
824.246 Apportionment
of costs of crossing closure
824.248 Apportionments
for crossings above or below grade
824.250 Apportionment
when federal funds available
824.252 Procedure
when disagreement as to apportionment exists
824.254 Reimbursement
procedure for railroad and public authority
824.256 Expense
contributed by public held in trust by railroad company
EMPLOYEE SAFETY REGULATIONS
824.300 Required
crews on trains; exception
824.302 Qualification
of flagger
824.304 Guarding
frogs, switches and guardrails
824.306 Shelter
of car repairers
824.308 Railroads
to provide first aid training for employees
824.310 Immunity
from liability of persons providing first aid treatment
PENALTIES
824.990 Civil
penalties
824.992 Criminal
penalties
FUNDS, ACCOUNTS AND FEES
824.010 Annual fees payable by railroads;
audit. (1) Subject to the provisions of
subsections (3) and (4) of this section, each railroad shall pay to the
Department of Transportation in each year, such fee as the department finds and
determines to be necessary, with the amount of all other fees paid or payable
to the department by such railroads in the current calendar year, to defray the
costs of performing the duties imposed by law upon the department in respect to
such railroads and to pay such amounts as may be necessary to obtain matching
funds to implement the program referred to in ORS 824.058.
(2)
In each calendar year the percentage rate of the fee required to be paid shall
be determined by orders entered by the department on or after March 1 of each
year, and notice thereof shall be given to each railroad. Such railroad shall
pay to the department the fee or portion thereof so computed upon the date
specified in such notice, which date shall be at least 15 days after the date
of mailing such notice.
(3)
Fifty percent of the cost of carrying out the duties, functions and powers
imposed upon the department by ORS 824.200 to 824.256 shall be paid from the
Grade Crossing Protection Account.
(4)
The department shall determine the gross operating revenues derived within this
state in the preceding calendar year by Class I railroads as a whole and by
other railroads individually subject to the following limitations:
(a)
The total of the fees payable by Class I railroads shall not exceed thirty-five
hundredths of one percent of the combined gross operating revenues of Class I
railroads derived within this state. The fee paid by each Class I railroad
shall bear the same proportion to the total fees paid by Class I railroads as
such railroad’s share of railroad-highway crossings, track miles and gross
operating revenues derived within the state, weighted equally, bears to the
total amount of Class I railroad-highway crossings within the state, track
miles within the state and gross operating revenues derived within the state.
(b)
The fees payable by other railroads shall not exceed thirty-five hundredths of
one percent of any such railroad’s gross operating revenues.
(5)
Payment of each fee or portion thereof provided for in subsections (1) to (4)
of this section shall be accompanied by a statement verified by the railroad
involved showing its gross operating revenues upon which such fee or portion
thereof is computed. This statement shall be in such form and detail as the
Department of Transportation shall prescribe and shall be subject to audit by
the department. The department may refund any overpayment of any such fee in
the same manner as other claims and expenses of the department are payable as
provided by law. [1995 c.733 §§29,30]
824.012 Failure to pay fees; penalty.
Every person who fails to pay any fees provided for in ORS 824.010 after they
are due and payable shall, in addition to such fees, pay a penalty of two
percent of such fees for each and every month or fraction thereof that they
remain unpaid. If, in the judgment of the Department of Transportation, action
is necessary to collect any unpaid fees or penalties, the department shall
bring such action or take such proceedings as may be necessary thereon in the
name of the State of Oregon in any court of competent jurisdiction, and be
entitled to recover all costs and disbursements incurred therein. [1995 c.733 §31]
824.014 Railroad Fund; sources; use.
(1) The Railroad Fund is established separate and distinct from the General
Fund. Interest earned, if any, shall inure to the benefit of the Railroad Fund.
(2)
All fees, penalties and other moneys collected by the Department of
Transportation under ORS 824.010 and 824.012 shall be paid by the department
into the State Treasury within 30 days after the collection thereof, and shall
be placed by the State Treasurer to the credit of the Railroad Fund created by
subsection (1) of this section. The fees, penalties and other moneys collected
from railroads shall be used only for the purpose of paying the expenses of the
department in performing the duties imposed by law upon the department in
respect to railroads. [1995 c.733 §§31a,32; 2011 c.597 §307]
824.016 State Rail Rehabilitation Fund;
use. (1) The State Rail Rehabilitation Fund
is established as an account in the General Fund of the State Treasury. All
moneys in the account are appropriated continuously to the Department of
Transportation for expenditures for any or all of the following:
(a)
Acquisition of a railroad line.
(b)
Rehabilitation or improvement of rail properties.
(c)
Planning for rail services.
(d)
Any other methods of reducing the costs of lost rail service in this state.
(2)
The program developed by the Department of Transportation under this section to
provide funds for rail projects shall include:
(a)
Development of a formula for determining a minimum cost to benefit ratio
necessary for project funding;
(b)
Supervision and monitoring of railroad acquisitions and the awarding of
rehabilitation contracts;
(c)
Continuing inspection of all railroad rehabilitation projects; and
(d)
Auditing financial records of all railroad acquisition and rehabilitation
projects.
(3)
The Department of Transportation shall provide funds for railroad projects
under this section only with the approval of the Oregon Transportation
Commission. [Formerly 760.620; 2005 c.612 §7]
824.018 Grade Crossing Protection Account;
use; limits. (1) There is established in the State
Highway Fund an account to be known as the Grade Crossing Protection Account.
There shall be credited to the account each fiscal year, from funds received by
the State Highway Fund from the registration of vehicles and licensing of
drivers under the Oregon Vehicle Code, the sum of $300,000 plus an amount equal
to 50 percent of the cost of carrying out the duties, functions and powers
imposed upon the Department of Transportation by ORS 824.200 to 824.256.
State-shared highway fund revenues for cities and counties, as well as
Department of Transportation expenditures for the elimination of hazardous
railroad-highway crossings, shall be computed and allocated prior to any
appropriation or transfer to the account. The amount of $300,000 credited to
the account is continuously appropriated and shall be expended for
railroad-highway crossing safety as authorized by ORS 824.242 to 824.248 and
subsection (2) of this section. The amount credited to the account for paying
the cost of carrying out the duties, functions and powers of the department by
ORS 824.200 to 824.256 is transferred and appropriated to the Department of
Transportation and shall be used as provided in ORS 824.010 (3). No more than
$100,000 in the aggregate shall be allocated from the account in any one fiscal
year for costs of construction, reconstruction, alteration or relocation of
separated crossings; provided however the unapportioned
amount in the Grade Crossing Protection Account at the end of each fiscal year
may be allocated for costs of reconstruction, alteration or relocation of
separated crossings.
(2)
Moneys credited to the account may also be allocated for such highway purposes
as the Department of Transportation deems appropriate in order to enhance
safety at railroad-highway crossings. The Department of Transportation may
allocate no more than $100,000 annually to railroads to defray the costs of
maintenance of protective devices at railroad-highway crossings.
(3)
As used in this section, “highway,” “maintenance costs,” “protective device”
and “railroad” have the meaning given those terms in ORS 824.200. [Formerly
763.330; 1997 c.249 §245]
824.019 Grade Crossing Safety Improvement
Fund. (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 824.223 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. [2001
c.909 §4]
Note:
824.019 was enacted into law by the Legislative Assembly but was not added to
or made a part of the Oregon Vehicle Code or any chapter or series therein by
legislative action. See Preface to Oregon Revised Statutes for further explanation.
GENERAL PROVISIONS
824.020 Definitions for ORS 824.020 to
824.042. As used in ORS 824.020 to 824.042,
unless the context requires otherwise:
(1)
“Class I railroad” has the meaning given that term in rules adopted by the
Department of Transportation. The definition of “Class I railroad” in rules
adopted by the Department of Transportation shall be consistent, insofar as
practicable, with the definition of the term under federal law and regulations.
(2)
“Railroad” means all corporations, municipal corporations, counties, companies,
individuals, associations of individuals and their lessees, trustees or
receivers, that:
(a)
Own, operate by steam, electric or other motive power, manage or control all or
part of any railroad or interurban railroad as a common or for hire carrier in
this state, or cars or other equipment used thereon, or bridges, terminals or
sidetracks used in connection therewith, whether owned or operated under a
contract, agreement, lease or otherwise.
(b)
Are engaged in the ownership, management or control of terminals in this state,
which corporations, municipal corporations, counties, companies, individuals
and associations hereby are declared to be common and for hire carriers, or the
transportation of property within this state by express. [Formerly 760.005]
824.022 Applicability of ORS 824.020 to
824.042, 824.050 to 824.110 and 824.200 to 824.256.
(1) ORS 824.020 to 824.042, 824.050 to 824.110 and 824.200 to 824.256 apply to:
(a)
The transportation of passengers and property.
(b)
The receiving, delivering, switching, storing, elevation and transfer in
transit, ventilation, refrigeration or icing, and handling of such property,
and all charges connected therewith.
(c)
All railroad, terminal, car, tank line, freight and freight line companies.
(d)
All associations of persons, whether incorporated or otherwise, that do
business as common or for hire carriers upon or over any line of railroad
within this state.
(e)
Any common or for hire carrier engaged in the transportation of passengers or
property wholly by rail or partly by rail and partly by water.
(2)
ORS 824.020 to 824.042 do not apply to logging or other private railroads not
doing business as common carriers.
(3)
ORS 824.020 to 824.042 and 824.050 to 824.110 do not apply to corporations,
companies, individuals, associations of individuals and their lessees, trustees
or receivers that:
(a)
Are primarily involved in a business enterprise other than rail transportation;
(b)
Conduct rail operations 50 percent or more of which are for the purpose of
providing transportation to the primary business enterprise;
(c)
Operate on less than 10 miles of track; and
(d)
Provide for hire rail transportation service to no more than five persons. [Formerly
760.010]
824.024 Procedure for construction of side
lines and extensions. If any railway company owning or
operating a railway within this state desires to construct any branch line or
side line, or to build an extension of the main line, its board of directors
shall adopt a resolution defining the branch, side line or extension, and
designating the termini thereof, and shall cause a copy of such resolution,
certified by its secretary, to be filed in the office of the Secretary of
State, and in the office of each county clerk in or through whose county such
branch or side line or extension is to be constructed. Thereupon such
corporation has the right to build and construct such branch, side line or
extension, and to exercise the right of eminent domain as provided by law, and
the termini so designated in such resolution shall be a sufficient designation
thereof for the purpose of exercising such right of eminent domain. [Formerly
760.060]
INSPECTORS; REPORTS
824.026 Railway inspectors required;
powers and duties. (1) The Department of
Transportation shall employ at least three full-time railroad inspectors to
assist the department as the department may prescribe in:
(a)
Inquiring into any neglect or violation of and enforcing any law of this state
or any law or ordinance of any municipality thereof relating to railroad
safety;
(b)
Inquiring into any neglect or violation of and enforcing any rule, regulation,
requirement, order, term or condition issued by the department relating to
railroad safety; and
(c)
Conducting any investigative, surveillance and enforcement activities that the
department is authorized to conduct under federal law in connection with any
federal law, rule, regulation, order or standard relating to railroad safety.
(2)
A railroad inspector may stop and detain any train and the contents thereof
that the railroad inspector reasonably believes is being operated in violation
of any law, ordinance, rule, regulation, requirement, order, standard, term or
condition referred to in subsection (1) of this section. [Formerly 760.070]
824.028
[Formerly 760.075; repealed by 2007 c.93 §1]
824.030 Annual report to department;
penalty. (1) Every railroad shall annually, on
or before May 1, unless additional time is granted, file with the Department of
Transportation a report verified by a duly authorized officer, in such form and
containing such information as the department shall prescribe, covering the
year ending December 31 next preceding.
(2)
Any railroad failing to make such report shall forfeit to the state, for each
day’s default, a sum not to exceed $100, to be recovered in a civil action in
the name of the State of Oregon. [Formerly 760.305]
ACQUISITION OR ABANDONMENT OF LINES
824.040 Government acquisition of lines;
permitted actions. (1) The State of Oregon, a city,
county, county service district, mass transit district organized under ORS
267.010 to 267.390, a transportation district organized under ORS 267.510 to
267.650 or a port may acquire, own, reconstruct, rehabilitate, operate or
maintain a railroad line for the benefit and use of its inhabitants and for
profit.
(2)
In the exercise of the power granted under subsection (1) of this section, this
state, a city, county, county service district, mass transit district,
transportation district or port may:
(a)
Acquire, by purchase or otherwise, own, reconstruct, rehabilitate or operate a
railroad as described in subsection (1) of this section within and outside its
boundaries and the boundaries of this state and running from the city, county,
district or port to other points within and outside its boundaries and the
boundaries of this state.
(b)
Acquire rights of way, easements or real property within and outside its
boundaries and the boundaries of this state when necessary or convenient for
the acquisition and operation of the railroad line.
(c)
Enter into contracts with any person for the reconstruction, rehabilitation,
operation or maintenance of the railroad line by such person for the city,
county, district or port.
(3)
Nothing in this section shall be construed as expanding or diminishing the
power of eminent domain conferred upon public bodies, designated in subsection
(1) of this section, by ORS 368.116 or any other provision of law. [Formerly
760.610]
Note:
824.040 was added to and made a part of ORS chapters 823, 824, 825 and 826 by
legislative action but was not added to ORS chapter 824 or any series therein.
See Preface to Oregon Revised Statutes for further explanation.
824.042 Department to participate in
contested abandonment proceedings. The
Department of Transportation shall participate before the appropriate federal
agency in all contested railroad line abandonment proceedings involving the
proposed abandonment of any railroad line in this state. Prior to such
participation, the department shall consult with public entities and users of
railroad service affected by the proposed abandonment. [Formerly 760.630]
SAFETY PROGRAM STANDARD
824.045 Department establishment of system
safety program for rail fixed guideway system; fee;
rules. (1) Except as provided in ORS 479.950,
the Department of Transportation, by rule, shall establish a system safety
program standard that applies to any municipal corporation that owns or
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.
(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. [1995 c.29 §3; 1997 c.275 §43; 2001 c.522 §11]
FACILITIES AND TRACKS
824.050 Inspection of, recommendations on
and orders concerning railroad equipment and facilities.
(1) Except as provided in subsection (2) of this section, the Department of
Transportation shall examine and inspect the physical condition of all railroad
facilities in the state, including roadbeds, stations and equipment. Whenever
it appears from such inspection that the safety of the public or the employees
of such railroad may be threatened, notice of the condition or practice under
investigation shall be given to the railroad and any person responsible for the
maintenance or use of the railroad facility. If such condition or practice is
not corrected to the department’s satisfaction, the department shall set the
matter for hearing. Following such hearing the department shall order the
railroad or person responsible for the maintenance or use of the railroad
facility to make any repairs, alterations, or changes necessary to correct or
eliminate any condition or practice found to threaten the safety of the public
or the employees of the railroad. If in the opinion of the Department of
Transportation a condition or practice is so hazardous as to place the
employees of the railroad in immediate danger the department may issue, after
hearing, upon 48 hours’ written notice given the railroad, an order prohibiting
the use of the facility until such time as necessary repair, alterations or
changes are made.
(2)
This section does not apply to a penalty imposed under ORS 824.090 or 824.992
(7) and (8). [Formerly 761.120; 1997 c.275 §12]
824.052 Track clearances.
The Department of Transportation, upon own motion or upon application of any
person, and with or without hearing:
(1)
May enter an order prescribing standard track clearances for railroads.
(2)
Upon finding good cause, may enter an order granting authority for a railroad
to operate at particular points with clearances different from those prescribed
as standard track clearances. [Formerly 761.180]
824.054 Cooperation with federal agencies
on matters of safety; disclosure of reports if required by federal law.
(1) The Department of Transportation may cooperate with, make certifications
to, and enter agreements with the Secretary of Transportation of the United
States, or any other federal agency with jurisdiction over railroads, under the
Federal Railroad Safety Act of 1970, as amended through the effective date of
that Act.
(2)
The Department of Transportation may assume responsibility for and carry out on
behalf of the Secretary of Transportation of the United States, or any other
federal agency with jurisdiction over railroads, regulatory jurisdiction over
the safety practices applicable to railroad facilities and operations in Oregon
not otherwise subject to the jurisdiction of any other agency of this state.
(3)
Notwithstanding any other provisions of law to the contrary, the Department of
Transportation shall make public such reports as are required to be made public
under the Federal Railroad Safety Act of 1970, as amended through the effective
date of that Act and shall provide such information as is required thereunder to the Secretary of Transportation of the United
States. [Formerly 761.190]
824.056 Walkway standards; rules;
variances. (1) The Department of Transportation,
upon the department’s motion or upon application of any person, shall adopt
rules that prescribe standards for walkways alongside railroad tracks where
necessary for the safety of railroad employees.
(2)
The department may for good cause shown permit variances from the standards so
prescribed. [Formerly 761.200; 1997 c.275 §13]
824.058 Track improvement and
rehabilitation program. The Department of Transportation
may:
(1)
Identify segments of railroad track in this state that:
(a)
Are abandoned, threatened with abandonment or have physical characteristics
that reduce freight service; and
(b)
Have the potential for providing renewed, continued or improved rail service
that would benefit the state or community beyond the cost involved.
(2)
Develop and implement programs to encourage improvement of service over
segments of railroad track identified under subsection (1) of this section.
(3)
With the prior approval of the Oregon Transportation Commission, enter into
agreements with the United States Government, a political subdivision in this
state or any person to:
(a)
Continue existing rail service on a segment of railroad track identified under
subsection (1) of this section;
(b)
Acquire a segment of railroad track identified under subsection (1) of this
section to maintain existing or provide for future rail service;
(c)
Rehabilitate or improve, to the extent necessary to permit more adequate and
efficient rail service, railroad property on a segment of railroad track
identified under subsection (1) of this section; or
(d)
Provide funding for less expensive alternatives to rail service over a segment
of railroad track identified under subsection (1) of this section.
(4)
Do any act required of this state under rules adopted by the United States
Secretary of Transportation under section 1654, title 49, United States Code,
for allocation and distribution of funds to any state under section 1654, title
49, United States Code, for preserving or improving rail freight service in
this state. [Formerly 761.205]
Note:
824.058 was added to and made a part of ORS chapters 823, 824, 825 and 826 by
legislative action but was not added to ORS chapter 824 or any series therein.
See Preface to Oregon Revised Statutes for further explanation.
EQUIPMENT
824.060 First aid kits required on locomotives
and caboose cars. Every locomotive and caboose of
every railroad operating in this state shall be equipped with a first aid kit. [Formerly
761.315]
824.062 Equipment required on track motor
cars. (1) Every person operating or
controlling any railroad which is a common carrier shall equip each of its
track motor cars operating during the period 30 minutes before sunset and 30
minutes after sunrise with:
(a)
An electric headlight of sufficient candle power to enable the operator of the
car to plainly discern any track obstruction, landmark, warning sign or grade
crossing at a distance not less than 300 feet.
(b)
A red rear electric light with sufficient candle power to be plainly visible at
a distance not less than 300 feet.
(c)
A windshield equipped with a device, which must be kept in good working order,
with which the operator can clean rain, snow and other moisture from the
windshield.
(d)
A canopy or top adequate to protect the occupants of the car from sun, rain,
snow or other inclement weather.
(2)
As used in this section, “track motor car” means all power-propelled speeders
and motor cars which can be lifted on and off the track by hand. [Formerly
761.320]
824.064 Self-propelled vehicles used in
yards or terminals. (1) No railroad shall permit or
require an employee to use a self-propelled vehicle in its yards or terminals
for inspecting trains, equipment or facilities or transporting employees or
materials for the repair of trains, equipment or facilities, unless the vehicle
is designed, constructed and operated in accordance with the safety orders and
regulations adopted under ORS 654.001 to 654.170 and 654.202 to 654.216.
(2)
As used in subsection (1) of this section, “railroad” means a railroad as
defined by ORS 824.020 and 824.022. [Formerly 761.325]
Note:
824.064 was added to and made a part of ORS chapters 823, 824, 825 and 826 by
legislative action but was not added to ORS chapter 824 or any series therein.
See Preface to Oregon Revised Statutes for further explanation.
824.066 Helper unit operation
restrictions. (1) Except for operation in its yards
or terminals, no railroad shall permit or require a helper unit that is not
attached to a train to be operated with a crew of fewer than two people.
(2)
As used in this section, “helper unit” means a locomotive power unit placed
near the middle of or at the rear of a train to help the train traverse steep
grades.
(3)
A violation of this section is a Class A violation. [Formerly 761.331; 1999
c.1051 §231]
824.068 Water quality and sanitation
facility standards for locomotives and caboose cars.
(1) The Department of Transportation shall prescribe standards for water
quality and sanitation facilities on railroad locomotives and cabooses in this
state.
(2)
The department may for good cause shown permit variances from the standards so
prescribed. [Formerly 761.365]
HAZARDOUS MATERIALS
824.080 “Hazardous materials” defined.
As used in ORS 824.082 to 824.090 “hazardous materials” means those substances
designated by the Department of Transportation pursuant to ORS 824.086 (1). [Formerly
761.370]
824.082 Notice of movement of hazardous
materials; confidentiality of notice information.
(1) Before transporting hazardous materials into this state or from a railroad
terminal located within this state, a railroad shall, as soon as reasonably
possible after it has notice of such train movement, provide such notification
thereof as the Department of Transportation determines pursuant to ORS 824.086.
If the information necessary for the notification is not available before
beginning the train movement, or if hazardous materials are added to the train
while en route, notification shall be given as soon as the information is
available. For the purposes of this subsection, “train movement” does not
include a switching or transfer movement.
(2)
Except to the extent that the Department of Transportation determines is
necessary to provide for the safe transportation of the hazardous materials,
the department, an employee of the department and any person receiving
information pursuant to this section shall not divulge or make known the
information contained in the notification at any time before or during the
transportation of the hazardous materials for which the notification is
provided. [Formerly 761.380]
824.084 Visual external inspections
required on cars standing in rail yards or stations more than two hours.
Each railcar containing hazardous materials for which an “Explosives A,” “Flammable
Gas” or “Poison Gas” placard is required by federal regulation, and which
remains in a rail yard or station for more than two hours shall be visually
inspected externally by the transporting railroad within two hours of the car’s
arrival and within two hours prior to the car’s departure. [Formerly 761.395]
824.086 Designation of hazardous materials
and notice requirements; rules. After
consultation with the State Fire Marshal the Department of Transportation shall
determine:
(1)
What material and quantity thereof the transportation of which is hazardous to
public health, safety or welfare and shall designate by rule such materials and
quantities as hazardous materials. In defining hazardous materials the
department shall adopt definitions in conformity with the federal rules and
regulations. Rules adopted under this subsection shall be applicable to any
person who transports, or causes to be transported, any hazardous material.
(2)
What notification required by ORS 824.082 (1) is necessary to provide for the
safe transportation of hazardous materials, including but not limited to the
time, content and manner of notification. [Formerly 761.400]
824.088 Notifying Office of Emergency
Management of reportable incident, derailments and fires; radio gear.
(1) Each railroad that gives notice to the United States Department of
Transportation of an incident that occurs during the course of transporting
hazardous materials as defined by federal regulations shall also give notice of
the incident to the Director of the Office of Emergency Management.
(2)
As soon as reasonably practicable, each railroad shall notify the director by
telephone or similar means of communication of any derailment or fire involving
or affecting hazardous material.
(3)
To facilitate expedited and accurate notice to the director under this section,
each train transporting hazardous materials in this state shall be equipped
with at least two radio transmitter-receivers in good working order. In
addition, 18 months after October 4, 1977, trains over 2,000 feet in length
that are transporting hazardous materials shall be equipped with a radio
handset in good working order capable of communicating with the radio
transmitter-receivers. If the equipment required under this section does not
function while the train is en route, the train may proceed to the next point
of crew change where the equipment shall be replaced or repaired. [Formerly
761.405; 2007 c.740 §40]
824.090 Department to set standards for
safe transportation of hazardous wastes; rules; civil penalty.
(1) The Department of Transportation shall adopt rules setting standards for
the safe transportation of hazardous wastes, as defined in ORS 466.005, by all
transporters.
(2)
The authority granted under this section:
(a)
Is in addition to any other authority granted the department.
(b)
Does not supersede the authority of the Energy Facility Siting
Council to regulate the transportation of radioactive materials under ORS
469.550, 469.563, 469.603 to 469.619 and 469.992.
(3)
In addition to any other penalty for violation of a rule adopted under this
section, the department, in the manner provided in ORS 183.745, may impose a
civil penalty of not more than $10,000 for violation of a rule adopted under
this section. Each day of noncompliance with a rule is a separate violation.
(4)
As used in this section, “transporter” has the meaning given that term in ORS
466.005. [Formerly 761.415; 1997 c.275 §14]
824.092 Disclosure of hazardous waste
reports and information to Environmental Protection Agency.
Records, reports and information obtained or used by the Department of
Transportation in administering the hazardous waste program under ORS 824.090
shall be available to the United States Environmental Protection Agency upon
request. If the records, reports or information has been submitted to the
department under a claim of confidentiality, the state shall make that claim of
confidentiality to the Environmental Protection Agency for the requested
records, reports or information. The federal agency shall treat the records,
reports or information that is subject to the confidentiality claim as
confidential in accordance with applicable federal law. [Formerly 761.421]
CABOOSE REQUIREMENTS
824.100 Definitions for ORS 824.102 to
824.110. As used in ORS 824.102 to 824.110:
(1)
“Caboose” means any car or coach used on a train to carry a train crew.
(2)
“Marker” means any lamp providing illumination by electrical power which is
designed to be displayed on a railroad car or coach for safety purposes.
(3)
“Terminal” means a system of tracks, the boundaries of which are set by a
railroad for the purpose of coupling or uncoupling cars. [Formerly 761.600]
824.102 Application of requirements.
The provisions of ORS 824.102 to 824.110 shall apply to all cabooses except
those used in terminal service or in road service for a distance not to exceed
three miles, and shall not apply to logging railways. [Formerly 761.605; 1999
c.59 §246]
824.104 Fire extinguishers; exemption.
(1) All cabooses shall be equipped with fire extinguishers meeting the
following requirements:
(a)
Each caboose shall have at least one portable fire extinguisher.
(b)
Fire extinguishers may be of a foam, dry chemical or carbon dioxide type.
(c)
The fire extinguishers in each caboose shall provide a minimum capacity of one
and one-quarter gallons or five pounds. More than one fire extinguisher may be
used to comply with the minimum capacity requirement under this paragraph.
(d)
Fire extinguishers shall be placed in readily accessible locations.
(e)
Fire extinguishers shall be maintained in working order.
(2)
A railroad may apply for a temporary exemption from the provisions of
subsection (1) of this section. The Department of Transportation will consider
the application of the railroad for a temporary exemption when accompanied by a
full statement of the conditions existing and the reasons for the exemption.
Any exemption so granted will be limited to a stated period of time. [Subsection
(1) formerly 761.620; subsection (2) formerly 761.625]
824.106 Use of noncomplying
caboose prohibited; equipment failure; repair.
A caboose shall not be placed in service unless it is in compliance with all of
the provisions of ORS 824.102 to 824.110 relating to required equipment and
standards of maintenance. In the event a failure of required equipment or
standards of maintenance occurs after a caboose has departed from a terminal
and a member of the train crew has boarded the caboose, the railroad operating
the caboose shall not be deemed to be in violation of ORS 824.102 to 824.110 if
such failure of equipment or standard of maintenance is corrected at the first
point at which maintenance supplies are available or, in the case of repairs,
the first point at which repair facilities are available and repairs can
reasonably be made or the defective equipment replaced. [Formerly 761.630; 1999
c.59 §247]
824.108 Register for reporting failures of
equipment or maintenance standards; rules for use.
A register for the reporting of failures of required equipment or standards of
maintenance shall be maintained on all cabooses. The register shall contain
sufficient space to record the dates and particulars of each failure. The
Department of Transportation shall provide rules for the use of this register,
including a requirement that the record of reported failures be maintained not
less than 80 days from the date of the most recent failure. [Formerly 761.635]
824.110 Administrative authority of
department; rules. The Department of Transportation
shall regulate and enforce all sections of ORS 824.102 to 824.110 and shall
promulgate all rules necessary for the enforcement of ORS 824.102 to 824.110. [Formerly
761.640; 1999 c.59 §248]
824.112
[Subsections (1) to (4) formerly 761.900; subsections (5) to (8) formerly 761.905;
1997 c.249 §246; 1997 c.275 §15a; renumbered 824.990 in 1997]
824.114
[Subsections (1) to (5) formerly 761.990; subsection (6) formerly 761.992;
subsections (7) and (8) formerly 761.994; 1997 c.249 §248; renumbered 824.992
in 1997]
RAILROAD CROSSINGS
824.200 Definitions for 824.200 to
824.256. As used in ORS 824.200 to 824.256,
unless the context requires otherwise:
(1)
“High speed rail system” means a fixed guideway
passenger transportation system capable of transporting passengers at speeds
exceeding 79 miles per hour and connecting two or more urban areas, including
but not limited to any such system that utilizes or incorporates, in whole or
in part, existing rail transportation facilities and any necessary upgrades of
or modifications to existing rail transportation facilities.
(2)
“Highway” includes all roads, streets, alleys, avenues, boulevards, parkways
and other places in this state actually open and in use, or to be opened and
used for travel by the public.
(3)
“Installation costs,” when used in the context of protective devices, includes
costs of acquiring, assembling and rendering operational the device and its
attendant controls, circuitry and fail-safe mechanisms.
(4)
“Maintenance costs,” when used in the context of protective devices, includes
preventive maintenance, repair and replacement of the device and its attendant
controls, circuitry and fail-safe mechanisms.
(5)
“Protective device” means a sign, signal, gate or other device to warn or
protect the public, installed at or in advance of a railroad-highway crossing.
(6)
Except in proceedings under ORS 824.236, “public authority in interest” means
the state, county, municipal or other governmental body with jurisdiction over
the highway crossing the railroad track. In proceedings under ORS 824.236, “public
authority in interest” means the county, municipal or other governmental body
that has primary zoning authority over the lands served by the crossing.
(7)
“Railroad” has the meaning given that term in ORS 824.020, and includes logging
and other private railroads.
(8)
“Railroad company” includes every corporation, company, association, joint
stock association, partnership or person, and their lessees, trustees or
receivers, appointed by any court whatsoever, owning, operating, controlling or
managing any railroad.
(9)
“Unauthorized railroad-highway crossing” means a crossing at grade that is
actually open and in use, or to be opened and used for travel by the public,
and that has not been authorized under ORS 824.204. [Formerly 763.010; 2005
c.22 §517]
824.202 Policy; authority vested in state
and department. It is the policy of this state
to achieve uniform and coordinated regulation of railroad-highway crossings and
to eliminate crossings at grade wherever possible. To these ends, authority to
control and regulate the construction, alteration, and protection of
railroad-highway crossings is vested exclusively in the state, and in the
Department of Transportation as provided in ORS 824.200 to 824.256. [Formerly
763.013]
824.204 Authority to construct grade crossings;
protective devices. (1) Except for the repair of
lawfully existing roads and highways or the replacement of tracks, no highway
shall be constructed across the track of any railroad company at grade, nor
shall the track of any railroad company be constructed across a highway at
grade, without having first secured the permission of the Department of
Transportation.
(2)
Whenever any railroad company desires to cross any established and existing
highway at grade or any public authority desires to lay out and extend any
highway over and across any established and existing railroad at grade, it
shall file with the department its application setting forth the objections and
difficulties of making such crossing either above or below the grade of the
existing highway or railroad.
(3)
Upon receipt of the above application the department, after hearing, unless a
hearing is not required under ORS 824.214, shall:
(a)
Determine whether the public safety, public convenience and general welfare
require a grade separation; and
(b)
In the event a grade separation is not required, determine whether the
application should be refused or granted, and upon what terms and conditions.
(4)
If the grade crossing is approved, the department shall determine and prescribe
the manner of its construction, maintenance and use, the kind and location of
protective devices to be installed, the allocation of costs and the place of
the crossing. [Formerly 763.020]
824.206 Elimination, relocation or
alteration of grade crossing; installation or alteration of protective devices.
(1) The Department of Transportation may, upon its own motion or upon
application by a railroad or the public authority in interest, subsequent to a
hearing, unless a hearing is not required under ORS 824.214, and upon finding
that such action is required by the public safety, necessity, convenience and
general welfare:
(a)
Eliminate a grade crossing by relocation of the highway;
(b)
Alter or abolish any grade crossing or change the location thereof, or require
a separation of grades at any such crossing;
(c)
Alter or change any existing crossing at separated grades; and
(d)
Require installation or alteration of protective devices.
(2)
The department shall prescribe the time and manner of such alteration, change,
installation or alteration, and the terms and conditions thereof. [Formerly
763.030; 1997 c.249 §250; 1997 c.275 §16]
824.208 Authority to fix speeds and
regulate sounding of train warning devices at crossings.
(1) The power to fix and regulate the speed of railway trains and to regulate
the sounding of railway train warning devices at public railroad-highway
crossings is vested exclusively in the state.
(2)
Upon petition of any public authority in interest or of any railroad or upon
the Department of Transportation’s own motion, the Department of Transportation
shall, after due investigation and hearing, unless a hearing is not required
under ORS 824.214 enter an order fixing and regulating the speed of railway trains
or regulating the sounding of railway train warning devices.
(3)
The speed limits fixed by the department shall be maximum speed limits and
shall be commensurate with the hazards presented and the practical operation of
the trains. [Formerly 763.035]
824.210 Construction and alteration of
crossings above or below grade. No highway
shall be constructed across the track of any railroad company above or below
grade, nor shall the track of any railroad company be constructed across a
highway above or below grade, without having first secured the permission of
the Department of Transportation. If permission is granted, the department
shall, after a hearing, unless hearing is not required under ORS 824.214,
prescribe the terms and conditions upon which such crossing shall be made and
shall allocate the cost of construction and maintenance. [Formerly 763.040]
824.212 Specifications for construction
and maintenance of crossings; application of specifications; priorities;
compliance. (1) The Department of Transportation
shall adopt regulations prescribing specifications for the construction and
maintenance of railroad-highway crossings, both at grade level and at separated
grades. The specifications shall be developed in consultation with
representatives of cities and counties and shall conform to nationally
recognized and commonly used standards to ensure that the crossings are
constructed and maintained in a manner that conforms to the public safety,
necessity, convenience and general welfare, including but not limited to the
projected transportation needs.
(2)
Specifications for separate crossings adopted under subsection (1) of this
section do not apply to crossings in existence on the effective date of the
regulation prescribing the specifications. However, within a reasonable period
after the effective date, crossings shall be altered or reconstructed to comply
with the regulations in effect at the time of the alteration or reconstruction.
(3)
Priorities for such alterations or reconstruction shall be established by the
Department of Transportation, based upon the expressed need of the public
authority in interest, and upon such other factors as danger or inconvenience
to motorists, age of the structure, frequency of reported accidents and degree
of noncompliance with regulations.
(4)
If the public authority in interest or the railroad company fails to so alter
or reconstruct a crossing, the department, after following the procedures
specified in ORS chapter 183 for contested cases, may order the alteration or
reconstruction and proceed in accordance with ORS 824.216. [Formerly 763.055;
1997 c.249 §251; 1997 c.275 §17]
824.214 Procedure to obtain permission for
crossings; rules. (1) Proceedings to carry out ORS
824.204, 824.206, 824.210 to 824.218, 824.224, 824.226 to 824.230, 824.238,
824.240 and 824.256, including the right to review any order of the Department
of Transportation, shall be those specified in ORS chapter 183 for contested
cases. If the final order of the department, in a proceeding initiated under
ORS 824.206 or 824.226 by a city or county, is appealed and the city or county
prevails, it shall be entitled to costs and reasonable attorney fees.
(2)
The department may adopt rules to govern the procedure, and to regulate the
mode and manner of all investigations under ORS 824.204, 824.206, 824.210 to
824.218, 824.224, 824.226 to 824.230, 824.238, 824.240 and 824.256.
(3)
The authority granted the department by ORS 824.200 to 824.256 is in addition
to and not in lieu of the authority of any city, county or other political
subdivision of the state to use other remedies and procedures to provide public
highways for the traveling public. [Formerly 763.080; 1997 c.249 §252; 1997
c.275 §18]
824.216 Procedure to compel compliance
with orders. (1) The railroad company, public
authority or person to whom an order of the Department of Transportation is
directed under ORS 824.200 to 824.256 shall comply with such order within such
reasonable time as may be prescribed by the department. In case of failure to
comply, the department shall thereupon take proceedings to compel obedience to
such order.
(2)
The circuit court has power in case of all such orders by the department to
compel obedience therewith by mandamus, brought in the name of the state, subject,
however, to appeal to the Court of Appeals in the same manner and with like
effect as provided in cases of appeal from the order of the circuit court. [Formerly
763.090; 1997 c.275 §19]
824.218 Work and materials furnished by
railroad company; supervision of work. All work and
the material for work done under ORS 824.200, 824.204, 824.206, 824.210 to
824.218, 824.226 to 824.230, 824.238, 824.240 and 824.256 within the limits of
railroad rights of way shall, if the railroad company so desires, be furnished
and done by the railroad company. However, the Department of Transportation
shall have supervision of the work and may decide the kind of material to be
used. [Formerly 763.100; 1997 c.249 §253]
824.220 Protective devices; rules.
The Department of Transportation shall adopt rules prescribing specifications
for the design and location of protective devices. [Formerly 763.110; 1997
c.249 §254]
824.222 Authority over duration that grade
crossing may be blocked; penalty. (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 shall investigate and may hold a
hearing and, following a hearing, may 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
by a civil penalty of not less than $100 nor more than $3,000 for each offense.
[Formerly 763.120; 2001 c.909 §1]
824.223 Authority to regulate distance
from grade crossing at which railroad may stop or park equipment; penalty.
(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 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 establishing a safe distance from a public railroad-highway
grade crossing at which a railroad may stop or park equipment.
(b)
Upon petition of a person, the department shall investigate and may hold a
hearing and, following a hearing, may enter an order establishing a safe
distance from a public railroad-highway grade crossing at which a railroad may
stop or park equipment.
(3)
In determining what constitutes a safe distance under subsection (2) of this
section, 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.
(4)
Violation of an order issued under subsection (2) of this section is punishable
by a civil penalty of not less than $100 nor more than $3,000 for each offense.
[2001 c.909 §3]
824.224 When stop signs are to be
installed by railroad; exemption; grade crossing alteration, relocation or
closure. (1) At every farm or private grade
crossing of a railroad where no automatic grade crossing protective device is
installed, the railroad shall cause to be installed and maintained, as a means
of protecting the crossing, one or more stop signs.
(2)
The Department of Transportation shall, after hearing, unless hearing is not
required under ORS 824.214, prescribe the number, type and location of the stop
signs and may exempt a farm or private grade crossing if the department finds
that the installation of such sign or signs at the crossing would create a
hazard or dangerous condition that would not otherwise exist.
(3)
After notice to any affected landowner and opportunity for a hearing, unless a
hearing is not required under ORS 824.214, the Department of Transportation may
alter, relocate or close any farm or private grade crossing on any line
designated as a high speed rail system.
(4)
If the department decides to alter, relocate or close a farm or private grade
crossing in such a manner as to constitute a taking of private property, the
department shall exercise its power of eminent domain to acquire such property
as is necessary to carry out the decision. A department order under this subsection
shall constitute a resolution of necessity for exercise of the department’s
power of eminent domain.
(5)
If the department exercises its power of eminent domain under subsection (4) of
this section, the department shall use any combination of state or federal
funds allocated for high speed rail systems to pay any settlement with or
judgment in favor of an owner of a farm or private grade crossing. The
department shall have discretion to determine whether to reach a settlement
with an owner of a farm or private grade crossing.
(6)
The costs of implementing a department order issued under subsection (3) of
this section shall be apportioned to any combination of state or federal funds
specifically allocated for high speed rail systems as the department determines
appropriate in order to eliminate farm or private grade crossings or to enhance
safety at such crossings. [Formerly 763.130; 1997 c.249 §255; 1997 c.275 §20]
824.226 Dangerous grade crossings; notice;
hearing; order to install protective devices; apportioning of cost.
(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 chapter 183.
(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 chapter 183, 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. [Formerly 763.170; 1997 c.275 §21]
824.228 Procedure for determining mode of
track crossing of intersecting railroads. (1)
Whenever it becomes necessary for the track of one railroad to cross the track
of another railroad, the Department of Transportation shall ascertain and
define either on the application of a railroad or on its own motion and after
notice to the affected railroads, in the manner provided for contested cases in
ORS chapter 183, the mode of such crossing that occasions the least probable
injury upon the safety, welfare and interests of the public and the rights of
the company owning the road that is intended to be crossed.
(2)
The department shall also determine the compensation to be paid by the railroad
so seeking to cross the other, if the railroads are unable to agree thereon,
and the points and manner of such connection.
(3)
If it appears to the department that it is reasonable and practicable to avoid
a grade crossing, the department shall by order prevent the same, and shall
prescribe the manner of such crossing.
(4)
If any railroad seeks to cross at grade with its tracks the tracks of another
railroad, the railroad seeking to cross at grade shall be compelled to pay all
damages caused by such crossing, and to interlock or protect such crossing by
safety devices to be designated by the department, and to pay all costs of
appliances, together with the expenses of putting them in and maintaining them.
This requirement does not apply to crossings of sidetracks. [Formerly 763.180;
1997 c.275 §22]
824.230 Installation of protective devices
where railroads intersect at grade. (1) In any
case where the tracks of two or more railroads cross each other at a common
grade in this state, the railroads, when ordered by the Department of
Transportation, shall protect such crossings by interlocking or other safety
devices, under regulations to be designated by the department, to prevent
trains colliding at such crossings. An order may be issued under this section
only after notice to the affected railroads and a proceeding under ORS chapter
183 initiated by the department on its own motion or upon application by one of
the railroads.
(2)
The department in making such order shall designate the manner of such
interlocking protection, and shall apportion the cost of installing and
maintaining the same between the several railroads, if such railroads are
unable to agree upon the same between themselves. [Formerly 763.190; 1997 c.275
§24]
824.232 Forfeiture for noncompliance.
Any company, corporation, person or receiver operating any railroad who
neglects to comply with any order made by the Department of Transportation
pursuant to ORS 824.228 or 824.230 shall forfeit and pay to the state a penalty
of $500 per week for each week of such neglect. [Formerly 763.200]
824.234 Use of findings of department
regarding hazards at crossings. The
determinations of the Department of Transportation under ORS 824.200 to 824.256
as to hazards at crossings shall not be admissible in any civil action for
damages. [Formerly 763.210]
824.236 Protective devices at unauthorized
railroad-highway crossing; apportionment to railroad; reimbursement; closure.
(1) Except as provided in subsection (2) of this section, the Department of
Transportation may, under ORS 823.033, order a railroad to install and maintain
protective devices at an unauthorized railroad-highway crossing and order the
public authority in interest to install and maintain stop signs at and other
protective devices in advance of an unauthorized railroad-highway crossing.
(2)
The department may not order the railroad to install at an unauthorized
railroad-highway crossing devices which are activated immediately in advance
of, and during, each train movement over the crossing unless the department
determines that the railroad intentionally created the unauthorized crossing
after June 2, 1995.
(3)
Except as provided in subsection (4) of this section, in any proceeding under
subsections (1) and (2) of this section, or unless the parties agree otherwise,
installation and maintenance costs of protective devices shall be apportioned
to the railroad.
(4)
The railroad may seek reimbursement or indemnity from third parties.
(5)
Under ORS 823.033, the department may open an investigation to consider closure
of an unauthorized railroad-highway crossing. If the department decides to open
an investigation, it shall post notice of the investigation at the crossing at
least 30 days prior to opening the investigation. If the department is unable
to complete an investigation within two years from the date it was opened, the
department shall order the crossing closed within one year from the expiration
of the two-year period allowed for investigation unless closure of the
unauthorized railroad-highway crossing would remove the only access to any
land. [Formerly 763.220; 2003 c.145 §3]
COST APPORTIONMENTS
824.238 Division of costs between railroad
and public authority. The following costs shall be
divided between the railroad and the public authority in interest in such
proportion as the Department of Transportation finds just and equitable under
the circumstances in each case:
(1)
That portion of the cost of any alteration or change resulting in the
elimination of a grade crossing under ORS 824.206 (1) by reason of relocation
of the highway which is directly chargeable to the grade elimination.
(2)
The costs of construction, change, alteration, abolition and relocation of any
grade crossing involved in a proceeding arising under ORS 824.204, 824.206 or
824.226.
(3)
The costs of maintenance of crossings above or below grade under ORS 824.206
and 824.210.
(4)
Any cost otherwise apportionable under the terms of
ORS 824.242 to 824.246 or 824.248 (1) to the extent that funds are not
available from the Grade Crossing Protection Account. [Formerly 763.250]
824.240 Payment when public highway
involved. (1) As to all crossings above or below
grade constructed on state highways, the proportion of expense to be borne by
public authority in interest shall be paid from the state highway funds.
(2)
Any public authority in interest acting through its governing body may, at its
option, by agreement with the Department of Transportation, bear a share of the
expense of constructing any railroad crossing above or below grade on a state
highway.
(3)
If federal funds allocated specifically for removal of hazards at hazardous
railroad-highway crossings are available for any part of the work to be
performed, the Department of Transportation shall cause such funds to be used
for such purposes. [Formerly 763.260]
824.242 Apportionment of costs for installation
of protective devices. In any grade crossing proceeding
arising under ORS 824.204, 824.206 or 824.226, unless the parties agree
otherwise, installation costs of protective devices shall be apportioned as
follows:
(1)
At an existing crossing, a crossing relocated pursuant to ORS 824.206 or
824.226, or a crossing previously closed by order of the Department of
Transportation and reopened in a proceeding under ORS 824.204:
(a)
For devices to be installed at or in advance of the crossing and which are
activated immediately in advance of, and during, each train movement over the
crossing:
(A)
Seventy-five percent to the Grade Crossing Protection Account;
(B)
Five percent to the public authority in interest; and
(C)
Twenty percent to the railroad company.
(b)
For devices which are primarily designed for the purpose of illuminating the
crossing or its approaches during hours of darkness:
(A)
Not less than 90 percent to the Grade Crossing Protection Account;
(B)
Not more than five percent to the public authority in interest; and
(C)
Not more than five percent to the railroad company for such devices to be
installed at the crossing.
(c)
For all other protective devices:
(A)
Seventy-five percent to the Grade Crossing Protection Account; and
(B)
Twenty-five percent to the public authority in interest for such devices to be
installed by it at or in advance of the crossing; or
(C)
Twenty-five percent to the railroad company for such devices to be installed by
it at the crossing.
(2)
Except as provided in subsection (4) of this section, at a new crossing
requested by a public authority, 100 percent of the installation costs shall be
paid by the public authority in interest.
(3)
Except as provided in subsection (4) of this section, at a new crossing requested
by a railroad company, 100 percent of the installation costs shall be paid by
the railroad company.
(4)
If the Department of Transportation converts an unauthorized railroad-highway
crossing to a crossing authorized under ORS 824.204, the department shall
apportion installation costs of protective devices as provided in subsection
(1) of this section, or, if federal funds are available, installation costs may
be apportioned as provided in ORS 824.250. [Formerly 763.271]
824.244 Apportionment of costs for
maintenance of protective devices. Unless the
parties agree otherwise, maintenance cost of protective devices at grade
crossings installed pursuant to ORS 824.204, 824.206 or 824.226 shall be
apportioned as follows:
(1)
One hundred percent to the railroad company for devices at the crossing
actually installed and maintained by the railroad.
(2)
One hundred percent to the public authority in interest for devices at or in
advance of the crossing actually installed and maintained by the authority, except
as provided under subsection (3) of this section.
(3)
Fifty percent to the railroad company, and 50 percent to the public authority
in interest, for devices at the crossing installed and maintained by the public
authority which are primarily designed for the purpose of illuminating the
crossing during hours of darkness and which are not activated immediately in
advance of, or during, each train movement. [Formerly 763.273]
824.246 Apportionment of costs of crossing
closure. If in any grade crossing proceeding
arising under ORS 824.204, 824.206 or 824.226, the Department of Transportation
requires the closure of any existing crossing within the jurisdiction of the
public authority in interest, the department may apportion to the railroad
company, for such crossing closed, an amount not to exceed five percent of the
cost of installation of protective devices at any new or other existing
crossing within the jurisdiction of the public authority in interest. Any
additional costs paid by the railroad company shall reduce the share otherwise apportionable to the public authority in interest. [Formerly
763.275]
824.248 Apportionments for crossings above
or below grade. In any proceeding involving a
crossing above or below grade arising under ORS 824.206 or 824.210, unless the
parties agree otherwise, the cost of construction, reconstruction, or
alteration of such crossings shall be apportioned as follows:
(1)
At existing crossings above or below grade: 10 percent of the cost of
reconstruction or alteration to the public authority in interest and all
remaining costs of reconstruction or alteration to the Grade Crossing
Protection Account and the railroad in interest as is just and equitable under
the circumstances in each case.
(2)
At a new crossing requested by a public authority: All construction costs to
the public authority in interest.
(3)
At a new crossing requested by a railroad company: All construction costs to
the railroad company. [Formerly 763.280]
824.250 Apportionment when federal funds
available. In the event any protective device is
to be installed or altered at an existing or relocated crossing or any
reconstruction or alteration is made at an existing separation structure, with
the aid of any federal funds administered by the Federal Highway Administration
of the United States Department of Transportation, the Oregon Department of
Transportation shall, unless the parties agree otherwise:
(1)
Apportion the amount of such federal funds to payment of installation,
reconstruction, or alteration costs; and
(2)
Apportion the remaining costs of installation, reconstruction, alteration, and
maintenance as provided by ORS 824.238 and 824.242 to 824.248; however, in a
case where the federal fund assistance equals or exceeds 75 percent of the cost
of installing, altering and reconstructing protective devices at an existing or
relocated crossing, the remaining costs, except for maintenance costs, may be
allocated entirely to the Grade Crossing Protection Account. [Formerly 763.290]
824.252 Procedure when disagreement as to
apportionment exists. (1) In any proceeding under ORS
824.206 or 824.226, where the application to the Department of Transportation
states that the parties are not in agreement as to apportionment of costs, but
the applicant is willing to advance the amount of money reasonably necessary to
enable the respondent to complete the work which must be done by it or the
amount reasonably necessary is available and can be advanced from the Grade
Crossing Protection Account, the department shall set the application for
hearing as soon as the calendar of the department permits on the questions of:
(a)
The necessity for the project;
(b)
The approval of the location and the engineering plans, including provisions
for handling traffic during construction and the work to be performed by each
party; and
(c)
The sum to be advanced by the applicant or the account for the work to be done
by the respondent.
(2)
The Department of Transportation shall render as promptly as possible an
interim order, effective within 20 days on such questions, reserving for later
hearing and decision the question of the apportionment of costs. The interim
order shall also direct the respondent to proceed upon receipt of the sum to be
advanced by the applicant or the account without delay to perform the work to
be done by respondent, integrating the work with that of the applicant or its
contractor in such manner that neither will unreasonably obstruct or delay the
work of the other, to the end that the people of the state may have the use of
the project at the earliest possible date.
(3)
In the final order apportioning costs, the sum advanced by the applicant or the
account shall be credited against its share of the costs. In the final order
there shall also be credited against applicant’s share of the costs any
increase in the costs found by the Department of Transportation to be directly
attributable to respondent’s willful failure or refusal, after the effective
date of the interim order, to proceed with its own work or to integrate the
work with that of applicant or its contractor. [Formerly 763.300]
824.254 Reimbursement procedure for railroad
and public authority. (1) Upon issuance of an order
apportioning costs to the Grade Crossing Protection Account, the railroad company
or the public authority in interest may submit to the Department of
Transportation progress claims, not to exceed 80 percent of the apportionment,
for reimbursement for the cost of labor, and other services provided to date of
billing, and for the costs of materials stockpiled at the project site or
specifically purchased and delivered for use on the project. Upon completion of
the construction, reconstruction or alteration of a crossing, or of the
installation or alteration of grade crossing warning or safety devices at a
crossing, the railroad company or the public authority in interest shall
present to the department for approval its claim for reimbursement for the
costs thereof in the amount apportioned to the Grade Crossing Protection
Account less progress payments previously made. When a claim is approved, the
department shall, as funds become available, order the claim paid from the
account.
(2)
The department may make such audit as the department considers necessary before
or after each such disbursement for the purpose of determining that the money
is expended for the purposes and under the conditions authorized by ORS 824.242
to 824.248. By presentation of its claim, the railroad company and the public
authority consent to make pertinent records showing costs of labor and
materials available to the department.
(3)
Notwithstanding subsection (1) of this section, upon issuance of an order
apportioning costs to the Grade Crossing Protection Account, and upon agreement
with the Department of Transportation, the railroad company or public authority
in interest shall submit an estimate of the costs of the project. The railroad
company or public authority in interest may submit statements for lump-sum
reimbursement from the account during and at the completion of the
construction, reconstruction or alteration of a crossing, or of the
installation or alteration of a grade crossing warning or safety device at a
crossing. [Formerly 763.310; 1997 c.249 §256; 1999 c.596 §1]
824.256 Expense contributed by public held
in trust by railroad company. Any portion
of the cost or expense that is contributed or borne by any public authority
under ORS 824.200, 824.204, 824.206, 824.210 to 824.218 and 824.226 shall
forever be considered as held in trust by the railroad company receiving the
same or the benefits thereof, and no part thereof shall be considered a part of
the value of the property of the railroad company upon which it is entitled to
receive a return. [Formerly 763.320]
824.258
[Formerly 763.900; repealed by 1997 c.249 §257]
EMPLOYEE SAFETY REGULATIONS
824.300 Required crews on trains;
exception. No person or officer of court operating
any railroad or railway in this state engaged as a common carrier in the
transportation of freight or passengers shall operate over its road, or any
part thereof, in excess of 15 continuous miles, or suffer or permit to be run
over the same, outside of yard switching limits, any passenger, mail or express
train propelled by any form of motive power and consisting of four or more cars
with less than a full passenger crew consisting of one engineer, one apprentice
engineer, one conductor, one brakeman and one flagger. None of said crew shall
be required or permitted to perform the duties of train baggage handler or
express messenger while on such road. This section shall not apply to
operations in which lesser crew requirements are established by agreement
between the common carrier and the organizations representing railroad
employees. [Formerly 764.110; 1997 c.249 §258]
824.302 Qualification of flagger.
The flagger in the crews required under ORS 824.300 shall have had at least six
months’ experience in train service. [Formerly 764.130; 1997 c.249 §259]
824.304 Guarding frogs, switches and
guardrails. (1) Every person owning or operating a
railroad in this state, shall so adjust, fill, block and securely guard the
frogs, switches and guardrails of their roads as to protect and prevent the
feet of employees and other persons from being caught therein.
(2)
Any person owning or operating a railroad in this state shall be liable for any
damage caused from a failure to comply with this section. [Formerly 764.140]
824.306 Shelter of car repairers.
(1) No person owning, controlling or operating any line of railroad in this state
shall build, construct, reconstruct or repair railroad car equipment or motive
power in the state without first erecting and maintaining at every division
terminal, or other point where five employees or more are regularly employed on
such work, a shed over a sufficient portion of the tracks used for such work,
so as to provide that all employees regularly employed in such work are
sheltered and protected from rain and other inclement weather.
(2)
This section does not apply at points where fewer than five employees are
regularly employed in such work, nor at points where it is necessary to make
light repairs only on equipment or motive power, nor to equipment loaded with
time or perishable freight, nor to equipment when trains are being held for the
movement of equipment. As used in this subsection, “light repairs” does not
include repairs usually made in roundhouse, shop or shed upon well-equipped
railroads. [Formerly 764.150]
824.308 Railroads to provide first aid
training for employees. (1) Every railroad operating in
this state shall provide to any employee who is an engineer, conductor or yard
foreman a first aid training course that conforms to standards at least
equivalent to the American Red Cross eight-hour first aid training course and
cardiopulmonary resuscitation course.
(2)
Railroads shall bear all costs incurred for the first aid training course
described in subsection (1) of this section and shall pay wages to employees
who are attending the course. [Subsection (1) formerly 764.170; subsection (2)
formerly 764.180]
824.310 Immunity from liability of persons
providing first aid treatment. No person may
recover in an action against a railroad or employee who has received the first
aid training described in ORS 824.308 (1) for any damages directly or
indirectly resulting from first aid treatment rendered by such employee unless
the complaining party establishes that the treatment violates the standards of
reasonable care under the circumstances including the existence of emergency
conditions in which the treatment was rendered. [Formerly 764.190]
824.312
[Formerly 764.900; repealed by 1997 c.249 §260]
824.314
[Formerly 764.990; repealed by 1997 c.249 §260]
PENALTIES
824.990 Civil penalties.
(1) In addition to all other penalties provided by law:
(a)
Every person who violates or who procures, aids or abets in the violation of
ORS 824.060, 824.084, 824.088, 824.304 (1) or 824.306 (1) or any order, rule or
decision of the Department of Transportation shall incur a civil penalty of not
more than $1,000 for every such violation.
(b)
Every person who violates or who procures, aids or abets in the violation of
any order, rule or decision of the department promulgated pursuant to ORS
824.052 (1), 824.056 (1), 824.068, 824.082 (1) or 824.208 shall incur a civil
penalty of not more than $1,000 for every such violation.
(2)
Each such violation shall be a separate offense and in case of a continuing
violation every day’s continuance is a separate violation. Every act of
commission or omission that procures, aids or abets in the violation is a
violation under subsection (1) of this section and subject to the penalty
provided in subsection (1) of this section.
(3)
Civil penalties imposed under subsection (1) of this section shall be imposed
in the manner provided in ORS 183.745.
(4)
The department may reduce any penalty provided for in subsection (1) of this
section on such terms as the department considers proper if:
(a)
The defendant admits the violations alleged in the notice and makes timely request
for reduction of the penalty; or
(b)
The defendant submits to the department a written request for reduction of the
penalty within 15 days from the date the penalty order is served. [Formerly
824.112]
824.992 Criminal penalties.
(1) Violation of ORS 824.062 is a Class D violation.
(2)
Violation of ORS 824.064 is a Class A misdemeanor.
(3)
Violation of ORS 824.082 (1), 824.084 or 824.088 by a railroad is a Class A
violation.
(4)
Violation of ORS 824.082 (2) is a Class A violation.
(5)
As used in subsection (3) of this section, “railroad” means a railroad as
defined by ORS 824.020 and 824.022.
(6)
Subject to ORS 153.022, violation of ORS 824.104 (1), 824.106 or 824.108 or any
rule promulgated pursuant thereto is a Class A violation.
(7)
A person is subject to the penalties under subsection (8) of this section if
the person knowingly:
(a)
Transports by railroad any hazardous waste listed under ORS 466.005 or rules
adopted thereunder to a facility that does not have
appropriate authority to receive the waste under ORS 466.005 to 466.385 and
466.992.
(b)
Disposes of any hazardous waste listed under ORS 466.005 or rules adopted thereunder without appropriate authority under ORS 466.005
to 466.385 and 466.992.
(c)
Materially violates any terms of permit or authority issued to the person under
ORS 466.005 to 466.385 and 466.992 in the transporting or disposing of
hazardous waste.
(d)
Makes any false material statement or representation in any application, label,
manifest, record, report, permit or other document filed, maintained or used
for purposes of compliance with requirements under ORS 824.050 to 824.110 for
the safe transportation of hazardous wastes.
(e)
Violates any rules adopted by the Department of Transportation concerning the
transportation of hazardous wastes.
(8)
Subject to ORS 153.022, violation of subsection (7) of this section is a Class
B misdemeanor. Each day’s violation is a separate offense.
(9)
Violation of ORS 824.300 or 824.302 is a Class D violation.
(10)
Violation of ORS 824.304 is a Class A violation.
(11)
Violation of ORS 824.306 by any railroad company or officer or agent thereof,
or any other person is a Class D violation. Each day’s violation is a separate
offense. [Formerly 824.114; 1999 c.1051 §232; 2011 c.597 §109]
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