Oregon Law
Law as of Jan 1, 2024
Chapter contents
824.010Annual fees payable by railroads; audit 824.012Failure to pay fees; penalty 824.014Railroad Fund; sources; use 824.016State Rail Rehabilitation Fund; use; report 824.018Grade Crossing Protection Account; use; limits 824.019Grade Crossing Safety Improvement Fund 824.020Definitions for ORS 824.020 to 824.042 824.022Applicability of ORS 824.020 to 824.042, 824.050 to 824.110 and 824.200 to 824.256 824.024Procedure for construction of side lines and extensions 824.026Railway inspectors required; powers and duties 824.028[Formerly 760.075; repealed by 2007 c.93 §1] 824.030Annual report to department; penalty 824.040Government acquisition of lines; permitted actions 824.042Department to participate in contested abandonment proceedings 824.045Department establishment of state safety oversight program for rail fixed guideway public transportation system; fee; rules 824.050Inspection of, recommendations on and orders concerning railroad equipment and facilities 824.052Track clearances 824.054Cooperation with federal agencies on matters of safety; disclosure of reports if required by federal law 824.056Walkway standards; rules; variances 824.058Track improvement and rehabilitation program 824.060First aid kits and fire extinguishers required on locomotives; temporary exemptions 824.062Equipment required on track motor cars 824.064Self-propelled vehicles used in yards or terminals 824.066Helper unit operation restrictions 824.068Water quality standards for locomotives 824.080“Hazardous materials” defined 824.082Notice of movement of hazardous materials; confidentiality of notice information 824.084Visual external inspections required on cars standing in rail yards or stations more than two hours 824.086Designation of hazardous materials and notice requirements; rules 824.088Notifying Oregon Department of Emergency Management of reportable incident, derailments and fires; radio gear 824.090Department of Transportation to set standards for safe transportation of hazardous wastes; rules; civil penalty 824.092Disclosure of hazardous waste reports and information to Environmental Protection Agency 824.100Definitions for ORS 824.102 to 824.110 824.102Application of requirements 824.104[Subsection (1) formerly 761.620; subsection (2) formerly 761.625; repealed by 2021 c.630 §129] 824.106Use of noncomplying caboose prohibited; equipment failure; repair 824.108Register for reporting failures of equipment or maintenance standards; rules for use 824.110Administrative authority of department; rules 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] 824.200Definitions for 824.200 to 824.256 824.202Policy; authority vested in state and department 824.204Authority to construct grade crossings; protective devices 824.206Elimination, relocation or alteration of grade crossing; installation or alteration of protective devices 824.208Authority to fix speeds and regulate sounding of train warning devices at crossings 824.210Construction and alteration of crossings above or below grade 824.212Specifications for construction and maintenance of crossings; application of specifications; priorities; compliance 824.214Procedure to obtain permission for crossings; rules 824.216Procedure to compel compliance with orders 824.218Work and materials furnished by railroad company; supervision of work 824.220Protective devices; rules 824.222Authority over duration that grade crossing may be blocked; penalty 824.223Authority to regulate distance from grade crossing at which railroad may stop or park equipment; penalty 824.224When stop signs are to be installed by railroad; exemption; grade crossing alteration, relocation or closure 824.226Dangerous grade crossings; notice; hearing; order to install protective devices; apportioning of cost 824.228Procedure for determining mode of track crossing of intersecting railroads 824.230Installation of protective devices where railroads intersect at grade 824.232Forfeiture for noncompliance 824.234Use of findings of department regarding hazards at crossings 824.236Protective devices at unauthorized railroad-highway crossing; apportionment to railroad; reimbursement; closure 824.237[2013 c.765 §5; 2015 c.707 §6; repealed by 2019 c.491 §55] 824.238Division of costs between railroad and public authority 824.240Payment when public highway involved 824.242Apportionment of costs for installation of protective devices 824.244Apportionment of costs for maintenance of protective devices 824.246Apportionment of costs of crossing closure 824.248Apportionments for crossings above or below grade 824.250Apportionment when federal funds available 824.252Procedure when disagreement as to apportionment exists 824.254Reimbursement procedure for railroad and public authority 824.256Expense contributed by public held in trust by railroad company 824.258[Formerly 763.900; repealed by 1997 c.249 §257] 824.300Required crews on trains; exception 824.302Qualification of flagger 824.304Guarding frogs, switches and guardrails 824.306Shelter of car repairers 824.308Railroads to provide first aid training for employees 824.310Immunity from liability of persons providing first aid treatment 824.312[Formerly 764.900; repealed by 1997 c.249 §260] 824.314[Formerly 764.990; repealed by 1997 c.249 §260] 824.400Passenger rail plan 824.410Quarterly report to Legislative Assembly 824.420Cascades Rail Corridor 824.430Annual report to Legislative Assembly 824.990Civil penalties 824.992Criminal penalties

Chapter 824 — Railroads

ORS 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.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.