justicedao/ipfs_state_laws huggingface dataset:
741-065-0102 Removal of Equipment from Service (1) In the event an inspector determines equipment does not conform to its standards and that it would be unsafe for further service, the inspector will issue a Notice for Repair to the RTA that the equipment is not in serviceable condition. The Notice will describe the defect or defects that cause the equipment to be in an unserviceable condition. (a) Before such a Notice is issued, the inspector will prepare a recommendation to the Manager of Rail Safety of the Commerce and Compliance Division of ODOT concerning the issuance of a Notice for Repair removing the equipment from service. (b) The inspector will provide notice, in the form of a written order, to the RTA’s General Manager, and to other RTA staff as appropriate, ordering the RTA to remove the equipment from service, and identifying the reason(s) for the demand. (c) Upon receipt of the Notice, the transit agency must remove the equipment from service until it has been restored to serviceable condition. (d) Upon restoration of the equipment, the RTA shall provide written notice to the SSOA indicating that the equipment has been restored to serviceable condition, and the SSOA will inspect the equipment to confirm that the equipment is serviceable. (e) Until repairs to the equipment have been made to the satisfaction of the SSOA to eliminate any imminent safety hazard or other safety condition, the equipment must remain out of service. (f) Upon approval of the RTA’s restoration, SSOA will provide written approval authorizing the RTA to return the equipment to service. In the alternative, if the SSOA finds that the equipment is not ready to return to service, the SSOA will provide written notice to the RTA indicating the matter has not been resolved, that the removal from service condition shall remain, and that additional restoration by the RTA is required. (2) Any challenge to the Notice for Repair or appeal of SSOA’s determination that the violation, deficiency, or safety issue has not been resolved will be handled as a contested case pursuant to the Oregon Administrative Procedures Act, ORS 183.411 to 183.471. Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520 Statutes/Other Implemented: ORS 183.745 & 824.045 History: RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021
741-065-0103 Removal of Track from Service (1) When an inspector finds track conditions that require the issuance of a Notice for Repair removing the track from service, the inspector will issue the Notice to the RTA’s General Manager. The notice will set out the conditions found by the inspector and specify the location of defects on the affected track segment. (a) Before a Notice is issued, the inspector will prepare a recommendation to the Manager of Rail Safety of the Commerce and Compliance Division of ODOT, concerning the issuance of a Special Notice for Repair removing the affected track from service. (b) The inspector will provide notice, in the form of a Notice for Repair, to the RTA’s General Manager, and to other RTA staff as appropriate, ordering the RTA to remove the track from service, and identifying the reason(s) for the demand. (c) Upon receipt of the Notice, the transit agency must remove the affected track from service, until it has been restored to serviceable condition. (d) Upon completion of repairs, the RTA shall notify SSOA, and the SSOA inspector will inspect the track to verify that appropriate and sufficient repairs have been made to the track. (e) Until repairs to the track have been made to the satisfaction of the SSOA to eliminate any imminent safety hazard or other safety condition, the track must remain out of service. (f) Upon approval of the RTA’s restoration, SSOA will provide written approval authorizing the RTA to return the track to service. In the alternative, if the SSOA finds that the track is not ready to return to service, the SSOA will provide written notice to the RTA’s General Manager indicating the matter has not been resolved, that the removal from service condition shall remain, and that additional restoration by the RTA is required. (2) Any challenge to the Notice for Repair or appeal of SSOA’s determination that the violation, deficiency, or safety issue has not been resolved will be handled as a contested case pursuant to the Oregon Administrative Procedures Act, ORS 183.411 to 183.471. Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520 Statutes/Other Implemented: ORS 183.745 & 824.045 History: RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021
741-065-0105 Civil Penalties (1) In addition to all other penalties provided by law, any RTA that violates or who procures, aids or abets in the willful violation of federal statutes or rules, state statutes, OAR 741-065-0010 through 741-065-0110, or any order, rule or decision of the SSOA, or the RTA’s own safety plan(s), security plan(s), rules, policies, and standard operating procedures, shall be subject to the imposition of a civil penalty of not more than $1,000 for every such violation, pursuant to ORS 824.990. (2) Civil penalties are applicable to any person, including an RTA manager, supervisor, official, or other employee or agent of the RTA, who fails to comply with the RTA’s safety plan(s), security plan(s), rules, policies, and standard operating procedures or state or federal statutes and regulations. However, penalties may be assessed against individuals only for willful violations. Willful violations are those that are: (a) Intentional, voluntary, and committed with knowledge of the relevant law, or with reckless disregard for whether the act violated the requirements of the law; or (b) Committed with reckless disregard for whether the act violated the law. Each such violation will be a separate offense and, in the case of a continuing violation every day’s continuance is a separate violation. Every act of commission or omission that 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 Chapter 183. Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520 Statutes/Other Implemented: ORS 183.745 & 824.045 History: RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021
741-065-0107 Individual Liability (1) Civil penalties are applicable to any person, including an RTA manager, supervisor, official, or other employee or agent of the RTA, who fails to comply with the RTA’s safety plan(s), rules, policies, and standard operating procedures or state or federal statutes and regulations. However, penalties may be assessed against individuals only for willful violations. Willful violations are those that are: (a) Intentional, voluntary, and committed with knowledge of the relevant law, or with reckless disregard for whether the act violated the requirements of the law; or (b) Committed with reckless disregard for whether the act violated the law. (2) In addition to all other penalties provided by law, every person who willfully violates or who procures, aids or abets in the willful violation of federal statutes or rules, state statutes or administrative rules, or the RTA’s own safety plan(s), security plan(s), rules, policies, safety standards, or standard operating procedures, will incur a civil penalty of not more than $1,000 per day for every such willful violation, pursuant to ORS 824.990, to be assessed against said person. (3) Each such willful violation shall be a separate offense and in case of a continuing willful violation, every day’s continuance is a separate offense. Every act of commission or omission that aids or abets in the willful violation is a violation under subsection (1) of this section and subject to the penalty provided in subsection (1) of this section. (4) Civil penalties imposed under subsection (1) of this section shall be imposed in the manner provided in ORS Chapter 183. Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520 Statutes/Other Implemented: ORS 183.745 & 824.045 History: RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021
741-065-0110 Annual Fee for State Oversight Activities (1) On or before July 15 of each year, the SSOA shall provide to operators of RFGPTS that do not receive federal financial assistance authorized by 49 U.S.C. Chapter 53, an estimate of costs for the state oversight program described in OAR 741-065-0010 through 741-065-0110 attributable to that RFGPTS, for the next fiscal year. The estimate will indicate the total excess fees collected, if any, for the prior fiscal year. (2) By October 15 of each year, or within 90 days of receipt, whichever is later, the RTA shall pay the entire amount, minus the excess fees from the prior fiscal year, or pay the entire amount and request the excess fees be refunded. Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520 Statutes/Other Implemented: ORS 183.745 & 824.045 History: RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021
741-100-0005 Jurisdiction of the State The jurisdiction of the state for the regulation of highway-rail grade crossings includes all roadways open to or to be opened to and used by the public, which are equipped with protective devices as required under OAR chapter 741, divisions 100 through 200, or by Order of the Department. The state’s jurisdiction extends a distance equal to the safe stopping distance, for the posted or statutory speed, measured back from the location of the stop clearance lines at the highway-rail grade crossing. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.200 History: RD 1-2013, f. & cert. ef. 10-15-13 RD 1-2009, f. & cert. ef. 2-20-09
741-100-0010 Measurements Unless otherwise specified, measurements used in these rules refer to the distance from the centerline of the nearest track or roadway to the centerline of the nearest signal mast, post or other structure. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.212 History: RD 3-2003, f. 9-18-03, cert. ef. 10-1-03 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0001 PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143
741-100-0030 Adoption of Tables and Figures Related to Railroad-Highway Crossings For the purposes of OAR chapter 741, division 100 through division 200, Tables 1 and 2 and Figures 1 through 5 are hereby adopted and made a part of these rules. [ED. NOTE: Tables & Figures referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.212 History: RD 1-2013, f. & cert. ef. 10-15-13 RD 1-2009, f. & cert. ef. 2-20-09 RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
741-100-0040 Display of U.S. DOT Inventory Number The U.S. DOT crossing number shall be displayed at all public highway-rail crossings. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.200 History: RD 1-2013, f. & cert. ef. 10-15-13 RD 1-2009, f. & cert. ef. 2-20-09
741-110-0010 Purpose and Scope of Rules OAR 741-110-0020 through 741-110-0090 and 741-115-0010 through 741-115-0080 provide uniform standards for the location and type of protective devices to be installed and maintained at grade crossings. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.220 History: RD 3-2003, f. 9-18-03, cert. ef. 10-1-03 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0045 PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143
741-110-0020 Application of Rules to Existing Protective Devices (1) Protective devices installed on or after the effective date of these rules shall comply with these rules. (2) Except as required by OAR 741-110-0050(2), protective devices installed at grade crossings are deemed to be in compliance with the rules and regulations of the Department, if the installations were performed in accordance with the rules in effect at the time of their installation. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.202 History: RD 1-2009, f. & cert. ef. 2-20-09 RD 3-2003, f. 9-18-03, cert. ef. 10-1-03 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0055 PUC 9-1983, f. & cert. ef. 8-22-83, Order No. 83-511 PUC 3-1983, f. & cert. ef. 4-8-83, Order No. 83-143
741-110-0040 Location of Protective Devices (1) Standard Protective Devices shall be located as set forth in Part 8 of the MUTCD. (2) Railroad STOP signs (Figure 1) shall be located adjacent to the track on which the stopping requirement applies not closer than six feet nor further than 25 feet from the nearest edge of the roadway. (3) The stop clearance line described in OAR 741-110-0030(2)(b) shall be located in accordance with the MUTCD as adopted by OAR 734-020-0005. (4) Grade Crossing Advance warning signs and grade crossing pavement markings shall be located in accordance with the MUTCD as adopted by OAR 734-020-0005. (5) STOP AHEAD (W3-1 or W3-1a) signs, YIELD AHEAD (W3-2 or W3-2a) signs and train-activated advance warning signals shall be located not less than 100 feet in advance of the advance warning sign. See Figure 3. (6) Guardrails shall be located so that the face of the guardrail, at a point perpendicular to the roadway centerline, shall coincide with the outside edge of the roadway. No part of the guardrail shall be closer than 10 feet from the centerline of the nearest track. (7) Curb shall be located on the outside edge of the roadway. Curb shall commence not less than 10 feet from centerline of nearest track and must extend 50 feet in advance of the automatic protective device. (8) Illumination Devices. The system of luminaires shall be located at the grade crossing, as determined by field conditions, to light the side of the train during hours of darkness. See Figure 4. (9) Overhead Mounting of Signs and Signals. At the option of the public authority, or by Order of the Department, authorized signs and signals may be installed directly over a lane of traffic on the roadway. [ED. NOTE: Figures referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.220 History: RD 1-2013, f. & cert. ef. 10-15-13 RD 1-2009, f. & cert. ef. 2-20-09 RD 3-2003, f. 9-18-03, cert. ef. 10-1-03 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0070 PUC 3-1985, f. & cert. ef. 4-8-85, Order No. 85-291 PUC 9-1983, f. & cert. ef. 8-22-83, Order No. 83-511 PUC 3-1983, f. & cert, ef. 3-16-83, Order No. 83-143
741-110-0050 Authority Required for Installation, Removal or Change of Protective Devices/Exceptions No protective device shall be installed, removed or substituted for any other device, without prior authorization by Order of the Department, except: (1) Additional flashing light units may be installed on existing installations of Flashing-light signals and Cantilevered Flashing-light signals by the railroad. (2) Worn out or destroyed protective devices may be replaced by a similar device; however, the replacement shall comply with the MUTCD as adopted by OAR 734-020-0005. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.202 History: RD 1-2013, f. & cert. ef. 10-15-13 RD 1-2009, f. & cert. ef. 2-20-09 RD 3-2003, f. 9-18-03, cert. ef. 10-1-03 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0075 PUC 3-1985, f. & cert. ef. 4-8-85, Order No. 85-291 PUC 9-1983, f. & cert. ef. 8-22-83, Order No. 83-511 PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143
741-110-0060 Required Installation of Specified Protective Devices Unless otherwise ordered by the Department, the following protective devices shall be installed at the grade crossings described below. (1) One railroad STOP sign shall be installed, where physical circumstances permit, on each track approach to each crossing equipped with Flashing-light signals, Cantilevered Flashing-light signals, Pedestrian Flashing-light signals, and automatic gates when the minimum signal activation requirement of OAR 741 110-0070(1) cannot be met. (2) Two Number of Tracks (R15-2P) plaques shall be installed at each grade crossing consisting of two or more tracks. (3) Stop Clearance Lines. One stop clearance line shall be installed on each paved roadway approach lane at each grade crossing. (4) Grade Crossing Advance Warning Signs. Appropriate grade crossing advance warning signs shall be installed on each roadway approach to each grade crossing. (5) Grade Crossing Pavement Markings. Grade crossing pavement markings shall be installed on each paved vehicle approach lane to each grade crossing. (6) Guardrail or Curb. Guardrail or curb, as appropriate, shall be installed at each crossing equipped with active protective devices. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.202 History: RD 1-2013, f. & cert. ef. 10-15-13 RD 1-2009, f. & cert. ef. 2-20-09 RD 3-2003, f. 9-18-03, cert. ef. 10-1-03 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0080 PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143
741-110-0070 Operation of Active Devices (1) Activation of Devices. Unless otherwise ordered by the Department, Flashing-light signals, Cantilevered Flashing-light signals, Pedestrian Flashing-light signals, and automatic gates shall be activated by approaching trains through control circuitry in such a manner as will provide a warning through continuous signal operation for a period of not less than 20 seconds nor more than 40 seconds before the arrival of a train traveling at the highest speed permissible over that particular track. Prolonged signal operation shall be avoided by reasonable operating and engineering practices. (2) Cessation of Operation. The warning aspect of Flashing-light signals, Cantilevered Flashing-light signals, Pedestrian Flashing-light signals, and automatic gates shall cease operation immediately after the passage of the train over the roadway unless approach circuits on adjacent tracks are occupied by an oncoming train. (3) Advance Preemption or other appropriate methods shall be used to provide a pedestrian clear-out interval (PCOI) before the vehicle clear-out interval (VCOI). (a) When a VCOI is required, the indication for the track clearance phases shall be GREEN. (b) The road authority may submit an engineering study to the State Traffic Engineer to request a deviation from the standards. The State Traffic Engineer, together with the ODOT Rail and Public Transit Division, Crossing Safety Section Manager, may authorize a signalized intersection operation consistent with the findings of the study. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.220 History: RD 1-2013, f. & cert. ef. 10-15-13 RD 1-2009, f. & cert. ef. 2-20-09 RD 3-2003, f. 9-18-03, cert. ef. 10-1-03 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0090 PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143
741-110-0080 Observance of Railroad Stop Signs When Railroad STOP signs are installed, traffic on the railroad shall stop prior to entering the roadway and proceed when safe to do so, but not before automatic gate arms have fully lowered, or (in the case of a highway-rail grade crossing not equipped with automatic gates) not before active protective devices, if any, at the crossing have been fully activated for a period of not less than 20 seconds. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.202 History: RD 1-2013, f. & cert. ef. 10-15-13 RD 1-2009, f. & cert. ef. 2-20-09 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0096 PUC 3-1985, f. & ef. 4-8-85, Order No. 85-291 PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143
741-110-0090 Maintenance and Replacement of Protective Devices Protective devices installed at grade crossings shall be maintained in satisfactory condition, location and in proper alignment. Signs shall be legible at all times. Signal lenses shall be visible as required in OAR 741 110 0030(3)(e). After notification of damage, destruction, failure or malfunction of a protective device, the party responsible for its maintenance shall promptly replace or repair the device, and adequately protect the crossing in the interim. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.204 & 824.206 History: RD 1-2009, f. & cert. ef. 2-20-09 RD 3-2003, f. 9-18-03, cert. ef. 10-1-03 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0105 PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143
741-115-0010 Definitions (1) Signal Maintenance Units (SMU) are defined in the American Railway Engineering and Maintenance of Way Association Communication and Signals Manual (2000 Edition). (2) “Active Protective Devices” mean any devices described in OAR 741-110-0030(3) or vehicle traffic signals. (3) “Eligible Railroad” means a railroad as defined in ORS 824.020, which bears the costs of maintaining one or more active protective devices at highway-rail grade crossings and which is entitled, under ORS 824.018, to partial reimbursement for those costs. Public transit districts are not eligible for such reimbursement. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.018 History: RD 1-2013, f. & cert. ef. 10-15-13 RD 3-2003, f. 9-18-03, cert. ef. 10-1-03 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0107 PUC 10-1992, f. & cert. ef. 6-8-92, Order No. 92-790
741-115-0020 Procedure for Allocation of Monies (1) Apportionment Factors to allocate funds from the Grade Crossing Protection Account to defray the costs of maintaining active protective devices at highway-rail grade crossings, pursuant to ORS 824.018, shall be apportioned based on SMU units. The calculation for reimbursement to each eligible railroad shall be apportioned based upon total SMU units maintained by the railroad divided by the total SMU units reported for all railroads that maintain active protective devices at highway-rail grade crossings in the state. (2) Reimbursement Procedure. On or before January 31 of each year, the Department shall determine the unit counts, as defined in section (1) of this rule, at highway-rail grade crossings equipped with active protective devices. The Department shall, based on those units, apportion funds from the Grade Crossing Protection Account to partially reimburse eligible railroads for expenses incurred in the preceding year to maintain the devices at those crossings. The amount distributed shall equal $100,000. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.018 History: RD 1-2013, f. & cert. ef. 10-15-13 RD 3-2003, f. 9-18-03, cert. ef. 10-1-03 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0108 PUC 10-1992, f. & cert. ef. 6-8-92, Order No. 92-790