justicedao/ipfs_state_laws huggingface dataset:
741-300-0031 Standards for Granting Variances The primary purpose of ORS 824.052, and the track clearance standards adopted by the Department thereunder, is to protect the safety of railroad employees. However, subsection (2) of ORS 824.052 authorizes the Department to permit variances from the clearance standards for “good cause.” “Good cause,” for purposes of variances from the Department’s clearance standards, exists if: (1) The risk to railroad employee safety caused by the nonstandard condition(s) will not be significantly greater than the risk railroad employees would ordinarily encounter if the facility was in compliance with the clearance standards; (2) The degree of impairment to railroad employee safety does not justify the expense of bringing the facility into compliance with the clearance standards; or (3) Other useful purposes served by the nonstandard condition(s) outweigh the impairment to railroad employee safety. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052 Statutes/Other Implemented: ORS 824.050 & 824.052 History: RS 2-1998, f. & cert. ef. 8-20-98, Renumbered from 741-300-0020 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0008 PUC 2-1984, f. & ef. 2-10-84, Order No. 84-091 PUC 11-1983, f. & ef. 10-6-83, Order No. 83-620
741-300-0050 Temporarily Impaired Clearances (1) The minimum clearance rules do not apply: (a) During construction or maintenance of the railroad, if restricted clearances are caused by materials and/or equipment necessary to the construction or maintenance, and if all rail movements are conducted in a safe manner; or (b) During periods of emergency due to derailments, wrecks, washouts and like conditions, provided all rail movements are conducted in a safe manner. (2) When materials and/or equipment do not comply with the minimum clearance rules, as allowed by section (1) of this rule, railroad employees shall be notified immediately and written notice issued to them within 24 hours, with a copy to the Department. Unless authorized by the Department, impairments shall not be allowed to exist for a period exceeding 30 days, unless all reasonable efforts are being made to complete the work as soon as is possible. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052 Statutes/Other Implemented: ORS 824.050 & 824.052 History: RS 2-1998, f. & cert. ef. 8-20-98 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0016 PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242 PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900
741-300-0060 Authorization for Impaired Clearances If written notice has been given to the Department and the written consent of the railroad has been obtained, the minimum clearance rules do not apply: (1) For such tracks, buildings, facilities, structures, or rolling equipment operated exclusively for the loading and unloading of logs, and signs conforming to OAR 741-330-0010(1) are installed; (2) For wood chip loading and other loading facilities which, when operated, impair minimum overhead clearance, provided such facilities are retracted to minimum clearance when not in operation and signs conforming to OAR 741-330-0010(1) are installed; (3) For retractable platforms which, when operated, impair minimum side clearance, provided such platforms are retracted to minimum clearance when not in operation; or (4) For dumping devices for offloading the contents of cars, provided prior notice of the installation of such devices is given to the Department and provided signs conforming to OAR 741-330-0010 (as appropriate) are installed. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052 Statutes/Other Implemented: ORS 824.050 & 824.052 History: RS 2-1998, f. & cert. ef. 8-20-98 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0017 PUC 6-1983, f. & ef. 6-13-83, Order No. 83-313 PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242 PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900
741-305-0010 Minimum Overhead Clearance (1) Except as provided in section (2) of this rule, all overhead clearance shall be at least 20 feet 9 inches above the top of rail. (2) Minimum clearance may be decreased to the extent defined by a half-circumference of a circle having a radius of 8 feet 6 inches with its center at a point 14 feet above top of rail and directly over centerline of track. (3) The overhead clearances set forth in these rules are minimum requirements established for employee safety. Nothing in these rules shall prohibit a railroad from requiring greater clearances. (4) See Figures 305-1 and 305-3 for a diagram of minimum clearances. For bridges and tunnels see OAR 741-310-0040(2). [ED. NOTE: Figures referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052 Statutes/Other Implemented: ORS 824.050 & 824.052 History: RD 1-2006, f. & cert. ef. 8-28-06 RS 2-1998, f. & cert. ef. 8-20-98 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0055 PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242 PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900
741-305-0020 Buildings (1) With the exception of engine houses and car repair shops, when tracks terminate within enclosed buildings, all overhead clearances shall be at least 18 feet above the top of rail. In all cases where clearances of less than 20 feet 9 inches exist in buildings, all cars, locomotives or other equipment shall be brought to a stop before entering. “STOP” signs conforming to OAR 741-330-0010(3) shall be installed. (2) See Figure 305-2 for a diagram of minimum clearance inside buildings. For overhead clearances through bridges and tunnels, see OAR 741-310-0040(2). [ED. NOTE: Figures referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052 Statutes/Other Implemented: ORS 824.050 & 824.052 History: RD 1-2006, f. & cert. ef. 8-28-06 RS 2-1998, f. & cert. ef. 8-20-98 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0060 PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242 PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900
741-310-0010 In General (1) Except as otherwise provided, all side clearance shall be at least 8 feet 6 inches, as measured from centerline of track. (2) The side clearances set forth in these rules are minimum requirements established for employee safety. Nothing in these rules shall prohibit a railroad from requiring greater clearances. (3) See Figure 305-1 and Figure 310-1 for diagrams of the minimum side clearances. [ED. NOTE: Figures referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052 Statutes/Other Implemented: ORS 824.050 & 824.052 History: RD 1-2006, f. & cert. ef. 8-28-06 RS 2-1998, f. & cert. ef. 8-20-98 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0105 PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242 PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900
741-310-0020 Side Clearance for Curved Track (1) Minimum side clearance for objects adjacent to curved track constructed on or after May 3, 1983, covered by OAR 741-310-0010 through 741-310-0050, shall be increased at the rate of 1/2 inch per degree of curvature above that prescribed for tangent track. (2) The Department recommends that minimum side clearance for curved tracks, covered by OAR 741-310-0010 through 741-310-0050, be at least 12 inches greater than that prescribed for tangent track. (3) See Figure 305-1 and Figure 310-1 for diagrams of the minimum side clearances. [ED. NOTE: Figures referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052 Statutes/Other Implemented: ORS 824.050 & 824.052 History: RD 1-2006, f. & cert. ef. 8-28-06 RS 2-1998, f. & cert. ef. 8-20-98 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0106 PUC 4-1990, f. & cert. ef. 4-17-90, Order No. 90-488 PUC 6-1983, f. & ef. 6-13-83, Order No. 83-313 PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242 PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900
741-310-0030 Platforms (1) Minimum side clearances for platforms as measured from centerline of track shall be: Description — Minimum Clearance: (a) Platforms constructed 8 inches or less above top of rail at greatest height — 4 feet 8 inches; (b) Platforms constructed in excess of 8 inches but 4 feet or less above top of rail at greatest height — 7 feet 3 inches; (c) Platforms constructed prior to January 1, 1982, in excess of 4 feet but 4 feet 6 inches or less above top of rail at greatest height — 8 feet. (2) All platforms, except as described in subsection (3)(b) of this rule, shall have a continuous regular surface extending out to a point at least 8 feet 6 inches from centerline of track. (3)(a) See Figure 310-2 for diagrams of the minimum clearances for platforms. (b) Platforms described in subsection (1)(a) of this rule may be combined with a platform described in subsection (1)(b) or (c) of this rule, provided the lower platform is level from the clear point (4 feet 8 inches from centerline of track) to track side face of the upper platform. See Figure 305-1 and Figure 310-3. (c) Platforms described in subsection (1)(a) of this rule may create a walkway condition that requires compliance with OAR 741-320-0070(1). (d) The Department recommends that platforms described in subsection (1)(b) of this rule, which consists of a cantilever dock or otherwise elevated platform, should have the ends facing approaching train movements, painted with fluorescent paint or reflectorized material to warn train crews of the obstruction. [ED. NOTE: Figures referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052 Statutes/Other Implemented: ORS 824.050 & 824.052 History: RD 1-2006, f. & cert. ef. 8-28-06 RS 2-1998, f. & cert. ef. 8-20-98 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0110 PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242 PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900
741-310-0040 Bridges and Tunnels (1) Except as provided in sections (2) and (3) of this rule, side clearance for bridges and tunnels is 8 feet as measured from centerline of track. (2) Minimum side clearance in tunnels and through bridges may be decreased, above 14 feet 6 inches, to the extent defined by a half-circumference of a circle having a radius of 8 feet with its center at a point 14 feet 6 inches above top of rail directly over the centerline of track. This rule does not alter the 20 feet 9 inches overhead clearance requirement of OAR 741-305-0010. (3) Except where walkways are used by employees engaged in switching, the minimum side clearance does not apply to the lower section of a bridge so long as no part of the structure falls inside an encroachment line drawn from a point 5 feet from centerline of track and level with top of rail, diagonally upward to a point 8 feet from centerline of track at a height 4 feet above top of rail. (4) See Figure 310-3 for a diagram of minimum clearances for tunnels and through bridges. See Figure 310-4 for a diagram of minimum clearances for the lower section of bridges. [ED. NOTE: Figures referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052 Statutes/Other Implemented: ORS 824.050 & 824.052 History: RD 1-2006, f. & cert. ef. 8-28-06 RS 2-1998, f. & cert. ef. 8-20-98 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0115 PUC 4-1983, f. & ef. 5-3-83, Order No. 83-24 PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900
741-310-0050 Miscellaneous Structures The minimum side clearance for the following structure is: Description — Minimum Clearance: (1) Cattle guards and cattle chutes — OAR 741-310-0040(3) applies. (2) Refuge platform — 8 feet (OAR 741-310-0040(3) applies to bracing for platform railing). (3) Block signals on bridges and trestles — 8 feet. (4) Handrails on bridges and trestles 44 inches high or less — 7 feet 9 inches. (5) Interlocking mechanisms including all devices at switches used for the control of signals or protective devices at crossings 4 inches high or less above top of rail — 3 feet from centerline of track or located adjacent to switch stand. Interlocking mechanisms 4 inches high or less above top of rail at power switches and spring switches require no minimum clearance. This section applies only to interlocking mechanisms located at or above top of rail. (6) Signals, switch stands, and switch housings constructed 3 feet high or less above top of rail — 6 feet. Power switches require no minimum clearance. This section applies only to signals, switch stands and switch housings which are at or above top of rail. (7) Engine Service Facilities: (a) Engine house doors — 6 feet 3 inches; (b) Inside engine houses — 5 feet 5 inches; (c) Outside engine service facilities — 6 feet 6 inches; (d) Oil, sand and/or water columns, used exclusively for engine servicing — 8 feet. (8) See Figure 310-5 for a diagram of minimum clearances on miscellaneous structures. (9) Overhead wires, used to transmit electric energy, and the poles that support them, should have a minimum clearance of not less than that specified by the 2002 edition of the National Electric Safety Code, part 2, "Safety Rules for the Installation and Maintenance of Electric Supply and Communication Lines", Section 23, "Clearances", approved by the American National Standards Institute. [ED. NOTE: Figures referenced are available from the agency.] [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052 Statutes/Other Implemented: ORS 824.050 & 824.052 History: RD 1-2006, f. & cert. ef. 8-28-06 RS 2-1998, f. & cert. ef. 8-20-98 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0120 PUC 6-1983, f. & cert. ef. 6-13-83, Order No. 83-313 PUC 4-1983, f. & cert. ef. 5-3-83, Order No. 83-242 PUC 13-1981, f. & cert. ef. 12-21-81, Order No. 81-900
741-315-0010 Track Centers (1) The following track centers are minimum required distances between the centerlines of tangent tracks: Type of Track — Track Centers: (a) Between main tracks or between a main track and a subsidiary track, other than a ladder track — 15 feet; (b) Between parallel ladder tracks or between ladder tracks and other tracks — 20 feet; (c) Between tangent tracks not otherwise specified — 14 feet. (2) Minimum track centers for curved track constructed prior to April 29, 1983, shall be at least 1/2 inch per degree of curvature greater than that prescribed for tangent tracks. (3) Track centers on tracks for which 14 feet minimum track centers are required on tangent track shall be increased from 14 feet at the rate of 1 1/2 inches per degree of curvature. (4) Track centers on tracks for which 15 feet minimum track centers are required on tangent track shall be increased from 15 feet at the rate of 1 1/2 inches per degree of curvature in excess of eight degrees. (5) The track centers set forth in these rules are minimum requirements established for employee safety. Nothing in these rules shall prohibit a railroad from requiring greater distances. (6) See Figure 315-1 for a diagram of minimum clearances for track centers. [ED. NOTE: Figures referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 824.050 & 824.052 History: RD 1-2006, f. & cert. ef. 8-28-06 RS 2-1998, f. & cert. ef. 8-20-98 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0155 PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242 PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900
741-320-0020 Definitions As used in OAR 741-320-0010 through 741-320-0170, 741-325-0010, 741-330-0010 through 741-330-0040 and 741-335-0010 through 741-335-0050, unless the context requires otherwise: (1) “Structure” is any bridge or trestle on which a railroad track is constructed. (2) “Walkway” is a pathway located alongside or in the vicinity of a railroad track for the purpose of providing an area for railroad employees to perform their normal trackside duties. (3) “Inside edge of a walkway” is that edge of a walkway closest to the nearest rail of the track for which the walkway is constructed. (4) “Yard” is a system of tracks other than main tracks and sidings used for making up trains, storing cars and other purposes including the inspection, repair and cleaning of cars. (5) “Railroad shop or repair track” is a fixed repair facility or track that is regularly and consistently used to perform major repairs, regardless of whether a mobile repair vehicle is used to conduct the repairs. (6) “Major repair” means a repair that normally requires greater than four person-hours to accomplish or involves the use of specialized tools and equipment. Major repairs include such activities as coupler replacement, draft gear repair, and repairs requiring the use of an air jack but exclude changing wheels on intermodal loading ramps either with or without an air jack. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056 Statutes/Other Implemented: ORS 824.050 & 824.056 History: RD 1-2006, f. & cert. ef. 8-28-06 RS 2-1998, f. & cert. ef. 8-20-98 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0190 PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242 PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900
741-320-0040 Standards for Granting Variances The primary purpose of ORS 824.056, and the walkway standards adopted by the Department is to protect the safety of railroad employees. However, subsection (2) of ORS 824.056 authorizes the Department to permit variances from the walkway standards for “good cause” shown. “Good cause,” for purposes of variances from the Department walkway standards, exists if: (1) The risk to railroad employee safety caused by the nonstandard condition(s) will not be significantly greater than the risk railroad employees would ordinarily encounter if the facility was in compliance with the walkway standards; (2) The degree of impairment to railroad employee safety does not justify the expense of bringing the facility into compliance with the walkway standards; or (3) Other useful purposes served by the nonstandard condition(s) outweigh the impairment to railroad employee safety. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056 Statutes/Other Implemented: ORS 824.050 & 824.056 History: RS 2-1998, f. & cert. ef. 8-20-98 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0245 PUC 2-1984, f. & ef. 2-10-84, Order No. 84-091 PUC 11-1983, f. & ef. 10-6-83, Order No. 83-620
741-320-0060 Surface (1) Walkways shall have a reasonably regular surface and shall be maintained in a safe condition, clear of such vegetation, debris, standing water and other obstructions which may constitute a hazard to railroad employees working on the ground. (2) Except as provided in section (3) of this rule, walkways located along yard tracks and tracks where switching is regularly performed two or more times weekly shall be surfaced with crushed material not to exceed American Railway Engineering and Maintenance-of-way Association (AREMA) standard No. 4; 1 1/2 inches in size, or with asphalt, concrete, planking, grating or similar material. (3) Walkways located along switching lead tracks, switches in yards, car spotting areas, and railroad shop or repair tracks, shall be surfaced with crushed material not to exceed AREMA standard No. 5; 1 inch in size, or with asphalt, concrete, planking, grating or similar material. (4) The Department, after investigation, upon its own motion, or upon the petition of any aggrieved person may determine that the safety of railroad employees requires the applicable standard set forth in section (2) or (3) of this rule for any walkway. (5) No railroad, owner or lessee shall allow debris on walkways. (6) Walkways not covered by section (2) or (3) of this rule may be surfaced with crushed ballast materials. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056 Statutes/Other Implemented: ORS 824.050 & 824.056 History: RD 1-2006, f. & cert. ef. 8-28-06 RS 2-1998, f. & cert. ef. 8-20-98 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0300 PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242 PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900
741-320-0070 Slope (1) Except as provided in sections (2) and (3) of this rule, walkways shall not have a slope in excess of 1 to 8 in any direction. (2) Excess slope is permissible where the proximity of adjacent tracks so dictates so long as the slope between tracks is constant. When frequent switching occurs, or railroad employees inspect and repair cars, terracing may be required between adjacent tracks to provide a level surface for a walkway. (3) Excess slope is permissible at locations where a vehicle or pedestrian way intersects a standard walkway unless the Department, after investigation, upon its own motion or upon the petition of any aggrieved person determines that the safety of railroad employees requires the slope prescribed by section (1) of this rule. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056 Statutes/Other Implemented: ORS 824.050 & 824.056 History: RS 2-1998, f. & cert. ef. 8-20-98 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0305 PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242 PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900
741-320-0080 Walkway Standard No. 1: Between Yards and Switches (1) Walkway Standard No. 1 shall be a walkway with a minimum width of at least 2 feet, the outside edge of which shall be no closer than 8 feet and no further than 22 feet from the centerline of the track. It shall be constructed and maintained so that the elevation of its surface is not below the base of the ballast section of the roadbed nor above the top of the ties and in compliance with OAR 741-320-0070(1). If required by the Department under OAR 741-320-0010(3), Walkway Standard No. 1 shall apply to all trackage, except where Walkway Standard No. 2, No. 3 or No. 4 is applicable. (2) See Figure 320-1 for a diagram of the minimum measurements for walkway standard No. 1. [ED. NOTE: Figures referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056 Statutes/Other Implemented: ORS 824.050 & 824.056 History: RD 1-2006, f. & cert. ef. 8-28-06 RS 2-1998, f. & cert. ef. 8-20-98 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0310 PUC 26-1985, f. & ef. 12-19-85, Order No. 85-1196 PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242 PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900
741-320-0090 Walkway Standard No. 2: Yards, Car Spotting Areas and Regular Crew Change Points (1) Walkway Standard No. 2 shall be a walkway constructed to a minimum width of 6 feet, as measured from the outside edge of the rail. It shall be constructed and maintained so that the elevation of its surface is approximately level with the tops of the ties, but not above top of rail. Walkway Standard No. 2 shall be located along both sides of all tracks within yards and in advance of, to include all points contiguous to yards where railroad employees normally work on the ground. (2) In areas where railroad or industry car spotting is performed, walkways conforming to Walkway Standard No. 2 shall be constructed and maintained throughout the area where cars are actually spotted, and in advance of, to include all locations where railroad employees normally work on the ground. (3) At regular crew change points, a walkway conforming to Walkway Standard No. 2 shall be constructed and maintained on one side of the track throughout the area where employees are getting on and off locomotives or cabooses. (4) See Figure 320-2 for a diagram of the minimum measurements for Walkway [ED. NOTE: Figures referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056 Statutes/Other Implemented: ORS 824.050 & 824.056 History: RD 1-2006, f. & cert. ef. 8-28-06 RS 2-1998, f. & cert. ef. 8-20-98 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0315 PUC 26-1985, f. & ef. 12-19-85, Order No. 85-1196 PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242 PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900