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]
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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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]
