USA Statutes : oregon
Title : TITLE 59 OREGON VEHICLE CODE
Chapter : Chapter 824 Railroads
(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] 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] (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, fines, 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, fines, 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] (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] (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] (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 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](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] 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 (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] A person employed by the
Department of Transportation as a railroad inspector shall:

(1) Have passed an examination, which the department shall
prescribe, concerning physical fitness, mental fitness, the rules of the
department and the laws of this state relating to railroads; and

(2) Have at least five years of experience as a railroad train
service, engine service, maintenance of way or mechanical department
employee. College education with major work in engineering may be
substituted for not more than two years of the required experience on the
basis of two years of college being equivalent to one year of experience.
[Formerly 760.075] (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 (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.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(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(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] 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](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] (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] 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
Every locomotive and caboose of every railroad operating in this state
shall be equipped with a first aid kit. [Formerly 761.315] (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] (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. (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](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 MATERIALSAs 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](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]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]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](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 of the Department of
State Police.

(2) As soon as reasonably practicable, each railroad shall notify
the Director of the Office of Emergency Management of the Department of
State Police 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](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]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 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]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] (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]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]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] 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]RAILROAD CROSSINGS

(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] 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]
(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](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](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]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](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] (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] (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]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] The Department of Transportation
shall adopt rules prescribing specifications for the design and location
of protective devices. [Formerly 763.110; 1997 c.249 §254](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](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](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](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](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](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] 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]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](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
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] (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]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]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] 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] 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] 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] (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]
(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]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]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 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] 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] (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] (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] (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]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]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](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 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, and upon conviction the court shall impose a fine of not less
than $100.

(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 subject to the penalty of a fine of not more than $10,000 for
each day of violation, imprisonment of not more than six months, or both.

(9) Violation of ORS 824.300 or 824.302 is a Class D violation.

(10) Violation of ORS 824.304 is punishable, upon conviction, by a
fine of not less than $500 nor more than $2,000.

(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]

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