Chapter 824

824.018

(formerly 763.330)

ATTY. GEN. OPINIONS: Use of Grade Crossing Protection Account money for construction of connecting trackage and switches, (1979) Vol 39, p 572

824.204

(formerly 763.020)

NOTES OF DECISIONS

Decision whether there should be public crossing of highway over railroad tracks is in primary jurisdiction of Public Utility Commissioner; use of “highway” does not preclude P.U.C. jurisdiction over pedestrian crossings. Multnomah County v. Union Pacific R.R., 297 Or 341, 685 P2d 988 (1984)

ATTY. GEN. OPINIONS: Allocation of railroad crossing costs by “costs formula,” (1973) Vol 36, p 611

824.206

(formerly 763.030)

NOTES OF DECISIONS

Alteration or abolishment of grade crossing is “required” if suitable or appropriate under circumstances of particular case. Klamath County v. Department of Transportation, 201 Or App 10, 116 P3d 924 (2005)

ATTY. GEN. OPINIONS: Allocation of railroad crossing costs by “costs formula,” (1973) Vol 36, p 611

824.208

(formerly 763.035)

See also annotations under ORS 760.050 in permanent edition.

NOTES OF DECISIONS

State regulation of use of railway train sounding devices is not preempted by Locomotive Boiler Inspection Act, Noise Control Act or Federal Railroad Safety Act. Southern Pacific v. Or. PUC, 9 F3d 807 (9th Cir. 1993)

824.210

(formerly 763.040)

ATTY. GEN. OPINIONS: Allocation of railroad crossing costs by “costs formula,” (1973) Vol 36, p 611

824.220

(formerly 763.110)

See annotations under ORS 483.226 in permanent edition.

824.224

(formerly 763.130)

ATTY. GEN. OPINIONS: “Private grade crossing” defined, (1974) Vol 36, p 949

824.226

(formerly 763.170)

NOTES OF DECISIONS

It is within power of commissioner under this section to order railroad to install traffic signals outside of railroad’s right of way. So. Pac. Trans. Co. v. Sabin, 14 Or App 504, 513 P2d 500 (1973), Sup Ct review denied

Under this section, commissioner has jurisdiction to order proper warning signals, and such signals are “official” and not in violation of [former] ORS 483.138. So. Pac. Trans. Co. v. Sabin, 14 Or App 504, 513 P2d 500 (1973), Sup Ct review denied

824.234

(formerly 763.210)

NOTES OF DECISIONS

This section did not preclude admission of testimony by employe of Public Utility Commissioner concerning statistical accident expectancy at certain railroad crossing. Williamson v. Southern Pacific Transportation Co., 284 Or 11, 584 P2d 753 (1978)

824.238

(formerly 763.050, then 763.250)

See also annotations under ORS 763.050 in permanent edition.

ATTY. GEN. OPINIONS: Allocation of railroad crossing costs by “costs formula,” (1973) Vol 36, p 611

824.242

(formerly 763.271)

ATTY. GEN. OPINIONS

Under former similar statute (ORS 763.270)

Application of costs allocation formula, (1973) Vol 36, p 611; Overhead illumination at crossing as protective device, (1979) Vol 39, p 572

824.248

(formerly 763.280)

ATTY. GEN. OPINIONS: Application of costs allocation formula, (1973) Vol 36, p 611