justicedao/ipfs_state_laws huggingface dataset:
741-115-0030 Responsibility for Installation and Maintenance of Protective Devices Unless otherwise ordered by the Department, or unless the parties agree otherwise, the party responsible for the installation and maintenance of protective devices at a grade crossing is as set forth in Table 2. At grade crossings with interconnected vehicle traffic signals, the responsibilities are shared between the railroad and the public authority. The railroad shall install and maintain the circuitry located on the track and its connection to the outside of the railroad signal case. The railroad shall provide appropriate electrical contacts to the public authority. The railroad shall install and maintain “DO NOT STOP ON TRACKS” (R8-8) signs on Cantilevered Flashing light signals pursuant to OAR 741-110-0040(9). The public authority shall install and maintain all other signs, signals and circuitry connected to the outside of the railroad signal case to assure proper operation of the subject device. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.200 & 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 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0114 PUC 26-1985, f. & cert. ef. 12-19-85, Order No. 85-1196 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
741-115-0040 Special Requirements for Traffic Signal Preemption Control (1) Each public authority with responsibility for maintaining a vehicle traffic signal system interconnected with active protective devices at an adjacent grade crossing shall: (a) Install the notice, provided by the Department, in the traffic signal cabinet. (b) Install a “DO NOT STOP ON TRACKS” (R8-8) sign (see Figure 2) capable of holding three flags. (c) When the railroad preemption feature fails and cannot be repaired within 30 minutes, install flags on the “DO NOT STOP ON TRACKS” (R8-8) signs (see Figure 2) and/or provide manual flag protection alerting motorists of the potential hazard. (d) Remove the flags required in subsection (c) of this section upon completion of repairs to the railroad preemption feature. (2) Upon notification of failure of the railroad preemption feature at a crossing equipped with an interconnected vehicle traffic signal system, the railroad shall immediately issue appropriate instructions to all train and switch crews operating over the crossing to be alert for trapped vehicles when approaching the crossing. (3) The appropriate public authority will provide the Department with a report within 15 days of any signal interconnection malfunction reported to the railroad dispatcher. [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 860-042-0116 PUC 3-1985, f. & cert. ef. 4-8-85, Order No. 85-291 PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143
741-115-0050 Experimental Devices The Department anticipates new active or passive devices may become available as technology advances. Such devices should be field tested on a limited basis and evaluated statistically to determine their effectiveness. As such devices may be of mutual interest and responsibility, such tests may be made jointly by the Department or railroad or the public authority in interest. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.202 History: RD 3-2003, f. 9-18-03, cert. ef. 10-1-03 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0117 PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143
741-115-0060 Stop Signs at Private Crossings (1) Unless otherwise ordered by the Department under ORS 824.224, the railroad shall cause to be installed one vehicle stop sign (24-inch minimum) on each side of any private or farm crossing at grade that is not equipped with automatic protective devices. (2) The railroad shall also cause to be installed an auxiliary sign identifying the crossing as a private crossing by stating the words “PRIVATE CROSSING” in letters at least two inches high. The color of the sign shall be black letters on a white background (see Figure 5). Optional information such as the words “NO TRESPASSING,” the name of the railroad from which permission must be secured for use of the crossing and permit number may be included on the auxiliary sign. [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 824.224 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 860-042-0120 PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143
741-115-0070 Bicycle Lane and Multi-use Path Construction (1) Bicycle facilities shall intersect railroad tracks as close to 90 degrees as possible. (2) Pathway grade crossings or bicycle lanes that have angles of intersection with railroad tracks of 60 to 74 degrees shall have a skewed crossing (W10-12) sign posted on each approach to the crossing. (3) Pathway grade crossings or bicycle lanes that have angles of intersection with railroad tracks of 59 degrees or less shall require an engineering study. [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 824.212 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
741-115-0080 Vegetation Control at Grade Crossings (1) The railroad shall control vegetation on its right-of-way for a distance of 250 feet in each direction from the edge of the crossing surface and for a distance of 50 feet in each direction from the centerline of the nearest track or to the edge of the railroad’s right-of-way, whichever is less, so that the vegetation does not obstruct motorists’ view of approaching trains. (2) The public authority shall control vegetation on its right-of-way within the SSD and within its right-of-way. 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
741-120-0010 Responsibility for Maintenance of Grade Crossings (1) Unless otherwise ordered by the Department, or unless the parties agree otherwise, the railroad is responsible for maintaining that portion of the crossing lying between lines drawn perpendicular to the end of ties of each track at the crossing. (2) The public authority is responsible for maintaining the remaining portion of the highway at the crossing. (3) Additional construction and maintenance costs necessary to comply with OAR 741-120-0020 resulting from a change in elevation of the railroad tracks or a change in elevation of the roadway at the crossing shall be borne by the party initiating the change. 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 860-042-0210 PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143
741-120-0020 Grade Crossing Construction and Maintenance (1) At all new or altered grade crossings used by motor vehicles, bicycles, or pedestrians, the roadway or multi-use path shall be constructed to conform to or exceed nationally recognized and commonly used construction standards. (2) The width of the crossing surface, including sidewalks, at the crossing shall be not less than the width of the roadway, and sidewalk, approaches to the crossing. (3) Unless authorized in writing by the Department, the surface of the roadway shall be in the same plane as the top of rails for a distance of at least two feet outside the rails, and not more than three inches higher nor three inches lower than the top of the nearest rail at a point thirty feet from the rail, measured at right angles thereto. (4) The surface of each grade crossing shall conform to the plane of the top of the rails and be constructed and maintained in a reasonably smooth condition. (5) The railroad shall notify the public authority at least four weeks in advance of the date it intends to raise or lower the elevation of one or more tracks at the crossing. (6) The public authority shall notify the railroad at least four weeks in advance of the date it intends to raise or lower the elevation of its roadway on the roadway approach to the crossing. See Section 8A.08 of the MUTCD. (7) Upon notification by the Department of a condition that does not conform to the requirements of sections (1) through (5) of this rule, the railroad or the public authority, within 30 days of such notification, unless any party requests a hearing, shall bring its portion of the crossing into compliance with the provisions of this rule, unless a time extension is granted in writing by the Department. See OAR 741-120-0010. (8) The construction of new driveways within 100 feet of any railroad track at existing grade crossings requires an application for authority to alter a grade crossing under ORS 824.206, except for railroad right-of-way roads. 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 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0215 PUC 3-1985, f. & cert. ef. 4-8-85, Order No. 85-291 PUC 3-1983, f. & cert, ef. 3-16-83, Order No. 83-143
741-120-0025 Sidewalk Construction and Maintenance (1) All new or altered sidewalks at grade crossings shall be constructed to meet minimum standards, but shall be not less than five feet in width. (2) The surface of a sidewalk shall conform to the plane of the top of the rails, and be constructed and maintained in a reasonably smooth condition. (3) At crossings equipped with automatic protective devices, sidewalks shall be directed behind the devices at a distance of not less than five feet, as measured from the centerline of the signal mast to the nearest edge of the sidewalk. (4) Upon written notification by the Department of a condition that does not conform to the requirements of sections (2) through (3) of this rule, the railroad or public authority shall bring its portion of the sidewalk at a grade crossing into compliance with the provisions of this rule, unless a time extension is granted in writing by the Department. The work shall be commenced within 30 days of such notification, unless any party requests a hearing. 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
741-120-0030 Separated Crossing Construction and Maintenance (1) All new or altered separated crossing structures shall be constructed to conform to or exceed nationally recognized and commonly used construction standards. (2) Separated crossing structures, including the roadway surface, shall be maintained in good and safe condition. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.210 & 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 860-042-0225 PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143
741-120-0040 Authority for Closure of Crossings and Removal of Tracks at Crossings (1) Permanent Closure of Roadway at Crossings. Whenever a crossing is permanently closed to the traveling public, the public authority at the crossing shall notify the Department of the closure and comply with OAR 741-120-0050. After such closure has been accomplished, the roadway cannot be reopened without the authority of the Department pursuant to ORS 824.204 or 824.210. (2) Temporary Closure of Roadway at Crossings by the Railroad. When a railroad desires to close a highway-rail crossing temporarily, it shall provide to the public authority at least four weeks advance notification of its intent to close the crossing. The railroad may provide the road authority less than four weeks advance notice of its intent to temporarily close the grade crossing, if the temporary closure is needed for emergency circumstances. See Section 8A.08 of the MUTCD. (3) Discontinuance of Railroad Operations at Crossings. Whenever railroad use of a crossing is to be discontinued in accordance with federal requirements, the owner of the track at the crossing and the railroad operating over such track shall notify the Department of the discontinuance. (4) Removal of Trackage at Crossings. Whenever one or more tracks are to be removed at a grade crossing, the railroad operating over such trackage shall file an application to alter the crossing under ORS 824.206. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.206 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 860-042-0235 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
741-120-0050 Permanent Closure and Removal of Grade Crossings (1) Construction of Barricades. Whenever a grade crossing is closed to use by the travelling public, a barricade or other appropriate obstruction sufficient to prevent use of the crossing by the travelling public shall be installed and maintained in good condition on each roadway or pathway approach to the crossing. Barricade width shall be a minimum of the width of the roadway, sidewalks and shoulders. Barricades shall be installed and maintained by the public authority. The cost of construction shall be borne by the railroad; maintenance cost shall be borne by the public authority. (2) Removal of Crossing Surface. Whenever a grade crossing is closed to use by the travelling public, the railroad, after installation of required barricades, shall promptly remove all roadway surface and sidewalk material from the area between lines drawn perpendicular to the end of ties of each track at the crossing. (3) Removal of Railroad Tracks. Whenever a grade crossing, or one or more tracks is closed to use by railroad equipment, the tracks (including rails and ties) shall be removed and the roadway surface and sidewalks restored by the railroad within twelve months from the time the track is closed to use by railroad equipment. (4) Removal of Protective Devices. Whenever a grade crossing is closed to use by the travelling public or by railroad equipment, protective devices shall be promptly removed by the party responsible for their maintenance as specified in the crossing Order or Table 2 of these rules. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.206 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 860-042-0240 PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143
741-125-0030 Railroad Equipment Set Back from Railroad-Highway Grade Crossings (1) Except as provided in section (2) or (3) of this rule, no railroad shall cause any rail cars, locomotives or other railroad equipment to be stopped, stored or left standing within 250 feet of a public highway-rail grade crossing where there is an adjacent track. (2) The set back limitation set forth in section (1) of this rule does not apply when: (a) The crossing is equipped with active warning devices; (b) The train is stopped by an emergency condition not under the control of the railroad; or (c) A railroad employee is physically at the crossing and providing flagging protection for the crossing. (3) The Department, after hearing, unless not required by ORS 824.214, may grant a reasonable and necessary variance from the limitation set forth in section (1) of this rule upon proper application by a person, railroad or public authority in interest. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.223 History: RD 1-2013, f. & cert. ef. 10-15-13 RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
741-200-0010 Purpose To provide procedures to apply for authority to construct, relocate, alter or close crossing. Statutory/Other Authority: ORS 823 & 824 Statutes/Other Implemented: ORS 824.202 History: RD 1-2009, f. & cert. ef. 2-20-09 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-043-0005 PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143
741-200-0020 Applications Required Except where formal proceedings are initiated by the Rail and Public Transit Division of the Department and except as provided in OAR 741-110-0050 and 741-120-0040, an application for authority must be filed with the Department to: (1) Construct, relocate or alter a sidewalk, multi-use path or roadway across one or more railroad tracks at grade; (2) Construct or relocate one or more railroad tracks across a sidewalk, multi-use path or roadway at grade; or (3) Construct, relocate or alter a separated crossing of a sidewalk, multi-use path or roadway. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.204, 824.206 & 824.210 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 860-043-0011 PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143
741-200-0030 Persons Who May Make Application Pursuant to ORS Chapter 824, only a railroad company or the public authority in interest may file an application for authority to construct, relocate, alter or close a crossing. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.202 History: RD 3-2003, f. 9-18-03, cert. ef. 10-1-03 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-043-0025 PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143
741-200-0040 Form of Applications (1) Applications shall be filed on forms approved by the Department. (2) An original application and attachments must be filed with the Rail Division of the Department. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.204, 824.206 & 824.210 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 860-043-0040 PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143
741-200-0060 Application Alternative Upon approval of Rail and Public Transit Division management staff, certain requirements of OAR 741-200-0050 may be waived. 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 3-2003, f. 9-18-03, cert. ef. 10-1-03 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-043-0046 PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143
741-200-0065 Submittal Process Application and application materials may be submitted electronically or in hard copy format. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202, 824.220, 84.022 & 84.025 Statutes/Other Implemented: ORS 824.202 History: RD 1-2009, f. & cert. ef. 2-20-09
741-200-0080 Assignment of Responsibility for Continuing Costs Cost responsibility for the maintenance of facilities associated with any project for which an application is filed pursuant to these rules shall be assigned to a railroad or the public authority in interest. Statutory/Other Authority: ORS 823 & 824 Statutes/Other Implemented: ORS 824.244 History: RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-043-0060 PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143
741-200-0090 Expiration of Authority to Construct Crossings Authority to construct a crossing expires two years from the effective date of the Order granting such authority unless the authorized construction is substantially in progress within that period or within such additional period as may have been provided by Order of the Department. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.204 History: RD 3-2003, f. 9-18-03, cert. ef. 10-1-03 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-043-0065 PUC 5-1985, f. & ef. 4-8-85, Order No. 85-291 PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143
741-300-0011 Definitions (1) “Department” means the Oregon Department of Transportation in all rules contained in chapter 741, divisions 300 through 335. (2) “Ladder Tracks” are lead and main switching tracks in yards and switching areas from which yard tracks extend for switching or storing railroad equipment. (3) “Main Track” is a track extending through yards and between stations that must not be occupied without authority or protection. (4) “Overhead Clearance” is that distance measured vertically from the top of rail to the lowest point of the structure or obstruction overhead. (5) “Railroad” as defined by ORS 824.020(2)(a) and (b), applies to all rules contained in chapter 741, divisions 300 through 335. (6) “Retractable Platforms” are platforms which are firmly attached to a permanent structure, and retract when not in use. (7) “Side Clearance” is the shortest distance from the centerline of the track to a structure or obstruction above top of rail at the side of the track. (8) “Track Centers” are the shortest distance between the centerlines of adjacent tracks. 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 741-300-0040 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0015 PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242 PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900
741-300-0021 Applicability of Rules (1) The minimum clearance rules apply to construction completed on or after January 1, 1982. (2) Except as provided in section (3) of this rule, construction completed before January 1, 1982, shall comply with the minimum clearance rules or orders in effect at the time such construction was completed. (3) Signs conforming to OAR 741-330-0010 shall be installed and maintained in cases where the minimum clearance rules or orders in effect at the completion of construction are less stringent than those currently in effect. (4) Unless otherwise authorized by the Department, a railroad is prohibited from moving freight cars, locomotives, or other rolling equipment over tracks where the clearances are less than those prescribed in the minimum clearance rules. (5) The minimum clearance rules apply to each railroad owning and capitalizing railroad trackage, and each person or unit of government owning, leasing or holding a salvage interest in railroad trackage. (6) No facility shall be constructed or altered in such a manner that it does not comply with the minimum clearance rules unless authorized by order of the Department. (7) A railroad operating on its own or on another railroad’s property, shall comply with all the rules contained in chapter 741, divisions 300 through 335, and any order issued by the Department or any predecessor agency, for that portion of the railroad facility upon with it is operating. 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, Renumbered from 741-300-0010 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0005 PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900 PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242