Oregon Revised Statutes
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 t…
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 Railroad Fund is established separate and distinct from the General Fund. Interest earned, if any, shall inure to the benefit of the Railroad Fund. 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 th…
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: Acquisition of a railroad line. Rehabilitation or improvement of rail properties. Planning for rail services…
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 …
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. 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 …
As used in ORS 824.020 to 824.042, unless the context requires otherwise: “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…
ORS 824.020 to 824.042, 824.050 to 824.110 and 824.200 to 824.256 apply to: The transportation of passengers and property. The receiving, delivering, switching, storing, elevation and transfer in transit, ventilation, refrigeration and handling of such property, and all charges connected therewith. All railroad, terminal, car, tank line, freight and freig…
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 secre…
The Department of Transportation shall employ at least three full-time railroad inspectors to assist the department as the department may prescribe in: 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; Inquiring into any neglect or violation of and…
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. Any railroad failing to make such report shall fo…
The State of Oregon, a city, county, county service district, mass transit district organized under ORS 267.010 to 267.394, 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. In the exercise of t…
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…
Subject to ORS 479.950, the Department of Transportation, by rule, shall establish a state safety oversight program that applies to all rail fixed guideway public transportation systems in Oregon that are not subject to regulation by the Federal Railroad Administration. For purposes of 49 U.S.C. 5329(e), the department is designated as the state safety over…
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 c…
The Department of Transportation, upon own motion or upon application of any person, and with or without hearing: May enter an order prescribing standard track clearances for railroads. 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 tr…
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. The Department of Transportation may assum…
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. The department may for good cause shown permit variances from the standards so prescribed.
The Department of Transportation may: Identify segments of railroad track in this state that: Are abandoned, threatened with abandonment or have physical characteristics that reduce freight service; and Have the potential for providing renewed, continued or improved rail service that would benefit the state or community beyond the cost involved. Develop …
Every locomotive of every railroad operating in this state shall be equipped with a first aid kit. All locomotives shall be equipped with fire extinguishers meeting the following requirements: Each locomotive shall have at least one portable fire extinguisher. Fire extinguishers may be of a foam, dry chemical or carbon dioxide type. The fire extinguisher…
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: An electric headlight of sufficient candle power to enable the operator of the car to plainly discern any track obstruction, landmark, warning sign or gr…
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…
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. 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. A violation o…
The Department of Transportation shall prescribe standards for water quality on railroad locomotives in this state. The department may for good cause shown permit variances from the standards so prescribed. HAZARDOUS MATERIALS
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).
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 …
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’…
After consultation with the State Fire Marshal the Department of Transportation shall determine: 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 definitio…
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 Oregon Department of Emergency Management. As soon as reasonably practicable, each railroad shall no…
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. The authority granted under this section: Is in addition to any other authority granted the department. Does not supersede the authority of the Energy Facility Siting Council to regulate the …
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…
As used in ORS 824.102 to 824.110: “Caboose” means any car or coach used on a train to carry a train crew. “Marker” means any lamp providing illumination by electrical power which is designed to be displayed on a railroad car or coach for safety purposes. “Terminal” means a system of tracks, the boundaries of which are set by a railroad for the purpose of…
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.
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 caboos…
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 …
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.
RAILROAD CROSSINGS
As used in ORS 824.200 to 824.256, unless the context requires otherwise: “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 p…
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 Transportatio…
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. Whenever any rail…
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: Eliminate a grade crossing by relocation …
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. 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, af…
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…
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 stan…
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…
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. The ci…
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…
The Department of Transportation shall adopt rules prescribing specifications for the design and location of protective devices.
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. 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 heari…
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. 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 hear…
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. The Department of Transportation shall, after hearing, unless hearing is not required under ORS 824.214, prescribe the …
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 ro…
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 o…
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 issu…
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.
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.
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 rail…
COST APPORTIONMENTS
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: 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 relocatio…
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. 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 con…
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: 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 reopen…
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: One hundred percent to the railroad company for devices at the crossing actually installed and maintained by the railroad. One hundred percent to the public authority in interes…
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 insta…
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: At existing crossings above or below grade: 10 percent of the cost of reconstruction or alteration to the public autho…
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 s…
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 ne…
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 cost…
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…
EMPLOYEE SAFETY REGULATIONS
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 propell…
The flagger in the crews required under ORS 824.300 shall have had at least six months’ experience in train service.
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. Any person owning or operating a railroad in this state shall be liable for any damage caused from a failure …
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 …
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. Railroads shall bear all costs incurred for the first aid traini…
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…
PASSENGER AND FREIGHT RAIL
The Department of Transportation shall develop and implement a passenger rail plan for the purposes of increasing ridership on passenger trains and increasing ticket revenue. The passenger rail plan must include, but is not limited to, the following: A marketing strategy. Strategies for boosting ridership. Strategies for boosting tourism through the use o…
The Department of Transportation may enter into agreements with the Washington State Department of Transportation and the British Columbia Ministry of Transportation and Infrastructure to: Develop a plan to document the shared vision, goals and objectives for passenger rail service within the Cascades Rail Corridor. Develop a plan to achieve performance go…
The Department of Transportation shall work with the Washington State Department of Transportation, the British Columbia Ministry of Transportation and Infrastructure and other public bodies, as appropriate, to document and memorialize, in whatever form is the most appropriate, a shared regional approach to Cascades passenger rail planning, funding and commu…
Before January 1 of each odd-numbered year, the Department of Transportation shall report to the Legislative Assembly in the manner provided in ORS 192.245 about the following: The status of agreements with the Washington State Department of Transportation and the British Columbia Ministry of Transportation and Infrastructure regarding the Cascades Rail Cor…
The Department of Transportation may enter into agreements with the Washington State Department of Transportation and other governmental entities in order to collaborate on developing shared objectives for passenger and freight rail, developing regional approaches to rail infrastructure improvements and enabling joint proposals to federal and other funding s…
In addition to all other penalties provided by law: Every person who violates or who procures, aids or abets in the violation of ORS 824.060 (1), 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. Every person who viola…
Violation of ORS 824.062 is a Class D violation. Violation of ORS 824.064 is a Class A misdemeanor. Violation of ORS 824.082 (1), 824.084 or 824.088 by a railroad is a Class A violation. Violation of ORS 824.082 (2) is a Class A violation. As used in subsection (3) of this section, “railroad” means a railroad as defined by ORS 824.020 and 824.022. Subje…