Oregon Statutes - Chapter 824 - Railroads

• 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,...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 824.028   [Formerly 760.075; repealed by 2007 c.93 §1]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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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....
• 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...
• 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”...
• 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...
• 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)...
• 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...
• 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...
• 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...
• 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]
• 824.200   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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 824.234   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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 824.258   [Formerly 763.900; repealed by 1997 c.249 §257]
• 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...
• 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...
• 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...
• 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...
• 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...
• 824.312   [Formerly 764.900; repealed by 1997 c.249 §260]
• 824.314   [Formerly 764.990; repealed by 1997 c.249 §260]
• 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...
• 824.992   Criminal penalties.
  (1) Violation of ORS 824.062 is a Class D violation. (2) Violation of ORS 824.064 is a misdemeanor. (3) Violation of ORS 824.082 (1), 824.084...

Last modified: August 7, 2008