ORS Chapter 824

Chapter 824 — Railroads

 

2009 EDITION

 

 

RAILROADS

 

OREGONVEHICLE CODE

 

FUNDS,ACCOUNTS AND FEES

 

824.010     Annualfees payable by railroads; audit

 

824.012     Failureto pay fees; penalty

 

824.014     RailroadFund; sources; use

 

824.016     StateRail Rehabilitation Fund; use

 

824.018     GradeCrossing Protection Account; use; limits

 

824.019     GradeCrossing Safety Improvement Fund

 

GENERALPROVISIONS

 

824.020     Definitionsfor ORS 824.020 to 824.042

 

824.022     Applicabilityof ORS 824.020 to 824.042, 824.050 to 824.110 and 824.200 to 824.256

 

824.024     Procedurefor construction of side lines and extensions

 

INSPECTORS;REPORTS

 

824.026     Railwayinspectors required; powers and duties

 

824.030     Annualreport to department; penalty

 

ACQUISITIONOR ABANDONMENT OF LINES

 

824.040     Governmentacquisition of lines; permitted actions

 

824.042     Departmentto participate in contested abandonment proceedings

 

SAFETYPROGRAM STANDARD

 

824.045     Departmentestablishment of system safety program for rail fixed guideway system; fee;rules

 

FACILITIESAND TRACKS

 

824.050     Inspectionof, recommendations on and orders concerning railroad equipment and facilities

 

824.052     Trackclearances

 

824.054     Cooperationwith federal agencies on matters of safety; disclosure of reports if requiredby federal law

 

824.056     Walkwaystandards; rules; variances

 

824.058     Trackimprovement and rehabilitation program

 

EQUIPMENT

 

824.060     Firstaid kits required on locomotives and caboose cars

 

824.062     Equipmentrequired on track motor cars

 

824.064     Self-propelledvehicles used in yards or terminals

 

824.066     Helperunit operation restrictions

 

824.068     Waterquality and sanitation facility standards for locomotives and caboose cars

 

HAZARDOUSMATERIALS

 

824.080     “Hazardousmaterials” defined

 

824.082     Noticeof movement of hazardous materials; confidentiality of notice information

 

824.084     Visualexternal inspections required on cars standing in rail yards or stations morethan two hours

 

824.086     Designationof hazardous materials and notice requirements; rules

 

824.088     NotifyingOffice of Emergency Management of reportable incident, derailments and fires;radio gear

 

824.090     Departmentto set standards for safe transportation of hazardous wastes; rules; civilpenalty

 

824.092     Disclosureof hazardous waste reports and information to Environmental Protection Agency

 

CABOOSEREQUIREMENTS

 

824.100     Definitionsfor ORS 824.102 to 824.110

 

824.102     Applicationof requirements

 

824.104     Fireextinguishers; exemption

 

824.106     Useof noncomplying caboose prohibited; equipment failure; repair

 

824.108     Registerfor reporting failures of equipment or maintenance standards; rules for use

 

824.110     Administrativeauthority of department; rules

 

RAILROADCROSSINGS

 

824.200     Definitionsfor ORS 824.200 to 824.256

 

824.202     Policy;authority vested in state and department

 

824.204     Authorityto construct grade crossings; protective devices

 

824.206     Elimination,relocation or alteration of grade crossing; installation or alteration ofprotective devices

 

824.208     Authorityto fix speeds and regulate sounding of train warning devices at crossings

 

824.210     Constructionand alteration of crossings above or below grade

 

824.212     Specificationsfor construction and maintenance of crossings; application of specifications;priorities; compliance

 

824.214     Procedureto obtain permission for crossings; rules

 

824.216     Procedureto compel compliance with orders

 

824.218     Workand materials furnished by railroad company; supervision of work

 

824.220     Protectivedevices; rules

 

824.222     Authorityover duration that grade crossing may be blocked; penalty

 

824.223     Authorityto regulate distance from grade crossing at which railroad may stop or parkequipment; penalty

 

824.224     Whenstop signs are to be installed by railroad; exemption; grade crossingalteration, relocation or closure

 

824.226     Dangerousgrade crossings; notice; hearing; order to install protective devices;apportioning of cost

 

824.228     Procedurefor determining mode of track crossing of intersecting railroads

 

824.230     Installationof protective devices where railroads intersect at grade

 

824.232     Forfeiturefor noncompliance

 

824.234     Useof findings of department regarding hazards at crossings

 

824.236     Protectivedevices at unauthorized railroad-highway crossing; apportionment to railroad;reimbursement; closure

 

COSTAPPORTIONMENTS

 

824.238     Divisionof costs between railroad and public authority

 

824.240     Paymentwhen public highway involved

 

824.242     Apportionmentof costs for installation of protective devices

 

824.244     Apportionmentof costs for maintenance of protective devices

 

824.246     Apportionmentof costs of crossing closure

 

824.248     Apportionmentsfor crossings above or below grade

 

824.250     Apportionmentwhen federal funds available

 

824.252     Procedurewhen disagreement as to apportionment exists

 

824.254     Reimbursementprocedure for railroad and public authority

 

824.256     Expensecontributed by public held in trust by railroad company

 

EMPLOYEESAFETY REGULATIONS

 

824.300     Requiredcrews on trains; exception

 

824.302     Qualificationof flagger

 

824.304     Guardingfrogs, switches and guardrails

 

824.306     Shelterof car repairers

 

824.308     Railroadsto provide first aid training for employees

 

824.310     Immunityfrom liability of persons providing first aid treatment

 

PENALTIES

 

824.990     Civilpenalties

 

824.992     Criminalpenalties

 

FUNDS,ACCOUNTS AND FEES

 

      824.010Annual fees payable by railroads; audit. (1) Subject to the provisions ofsubsections (3) and (4) of this section, each railroad shall pay to theDepartment of Transportation in each year, such fee as the department finds anddetermines to be necessary, with the amount of all other fees paid or payableto the department by such railroads in the current calendar year, to defray thecosts of performing the duties imposed by law upon the department in respect tosuch railroads and to pay such amounts as may be necessary to obtain matchingfunds 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 shallbe determined by orders entered by the department on or after March 1 of eachyear, and notice thereof shall be given to each railroad. Such railroad shallpay to the department the fee or portion thereof so computed upon the datespecified in such notice, which date shall be at least 15 days after the dateof mailing such notice.

      (3)Fifty percent of the cost of carrying out the duties, functions and powersimposed upon the department by ORS 824.200 to 824.256 shall be paid from theGrade Crossing Protection Account.

      (4)The department shall determine the gross operating revenues derived within thisstate in the preceding calendar year by Class I railroads as a whole and byother railroads individually subject to the following limitations:

      (a)The total of the fees payable by Class I railroads shall not exceed thirty-fivehundredths of one percent of the combined gross operating revenues of Class Irailroads derived within this state. The fee paid by each Class I railroadshall bear the same proportion to the total fees paid by Class I railroads as suchrailroad’s share of railroad-highway crossings, track miles and gross operatingrevenues derived within the state, weighted equally, bears to the total amountof Class I railroad-highway crossings within the state, track miles within thestate and gross operating revenues derived within the state.

      (b)The fees payable by other railroads shall not exceed thirty-five hundredths ofone 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 railroadinvolved showing its gross operating revenues upon which such fee or portionthereof is computed. This statement shall be in such form and detail as theDepartment of Transportation shall prescribe and shall be subject to audit bythe department. The department may refund any overpayment of any such fee inthe same manner as other claims and expenses of the department are payable asprovided by law. [1995 c.733 §§29,30]

 

      824.012Failure to pay fees; penalty. Every person who fails to pay any feesprovided for in ORS 824.010 after they are due and payable shall, in additionto such fees, pay a penalty of two percent of such fees for each and everymonth or fraction thereof that they remain unpaid. If, in the judgment of theDepartment of Transportation, action is necessary to collect any unpaid fees orpenalties, the department shall bring such action or take such proceedings asmay be necessary thereon in the name of the State of Oregon in any court ofcompetent jurisdiction, and be entitled to recover all costs and disbursementsincurred therein. [1995 c.733 §31]

 

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