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]