reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.208 - Authority to fix speeds and regulate sounding of train warning devices at crossings.

(1) The power to fix and regulate the speed of railway trains and to regulate the sounding of railway train warning devices at public railroad-highway crossings is vested exclusively in the state.
(2) Upon petition of any public authority in interest or of any railroad or upon the Department of Transportation’s own motion, the Department of Transportation shall, after due investigation and hearing, unless a hearing is not required under ORS 824.214 enter an order fixing and regulating the speed of railway trains or regulating the sounding of railway train warning devices.
(3) The speed limits fixed by the department shall be maximum speed limits and shall be commensurate with the hazards presented and the practical operation of the trains. [Formerly 763.035]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.210 - Construction and alteration of crossings above or below grade.

No highway shall be constructed across the track of any railroad company above or below grade, nor shall the track of any railroad company be constructed across a highway above or below grade, without having first secured the permission of the Department of Transportation. If permission is granted, the department shall, after a hearing, unless hearing is not required under ORS 824.214, prescribe the terms and conditions upon which such crossing shall be made and shall allocate the cost of construction and maintenance. [Formerly 763.040]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.212 - Specifications for construction and maintenance of crossings; application of specifications; priorities; compliance.

(1) The Department of Transportation shall adopt regulations prescribing specifications for the construction and maintenance of railroad-highway crossings, both at grade level and at separated grades. The specifications shall be developed in consultation with representatives of cities and counties and shall conform to nationally recognized and commonly used standards to ensure that the crossings are constructed and maintained in a manner that conforms to the public safety, necessity, convenience and general welfare, including but not limited to the projected transportation needs.
(2) Specifications for separate crossings adopted under subsection (1) of this section do not apply to crossings in existence on the effective date of the regulation prescribing the specifications. However, within a reasonable period after the effective date, crossings shall be altered or reconstructed to comply with the regulations in effect at the time of the alteration or reconstruction.
(3) Priorities for such alterations or reconstruction shall be established by the Department of Transportation, based upon the expressed need of the public authority in interest, and upon such other factors as danger or inconvenience to motorists, age of the structure, frequency of reported accidents and degree of noncompliance with regulations.
(4) If the public authority in interest or the railroad company fails to so alter or reconstruct a crossing, the department, after following the procedures specified in ORS chapter 183 for contested cases, may order the alteration or reconstruction and proceed in accordance with ORS 824.216. [Formerly 763.055; 1997 c.249 §251; 1997 c.275 §17]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.214 - Procedure to obtain permission for crossings; rules.

(1) Proceedings to carry out ORS 824.204, 824.206, 824.210 to 824.218, 824.224, 824.226 to 824.230, 824.238, 824.240 and 824.256, including the right to review any order of the Department of Transportation, shall be those specified in ORS chapter 183 for contested cases. If the final order of the department, in a proceeding initiated under ORS 824.206 or 824.226 by a city or county, is appealed and the city or county prevails, it shall be entitled to costs and reasonable attorney fees.
(2) The department may adopt rules to govern the procedure, and to regulate the mode and manner of all investigations under ORS 824.204, 824.206, 824.210 to 824.218, 824.224, 824.226 to 824.230, 824.238, 824.240 and 824.256.
(3) The authority granted the department by ORS 824.200 to 824.256 is in addition to and not in lieu of the authority of any city, county or other political subdivision of the state to use other remedies and procedures to provide public highways for the traveling public. [Formerly 763.080; 1997 c.249 §252; 1997 c.275 §18]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.216 - Procedure to compel compliance with orders.

(1) The railroad company, public authority or person to whom an order of the Department of Transportation is directed under ORS 824.200 to 824.256 shall comply with such order within such reasonable time as may be prescribed by the department. In case of failure to comply, the department shall thereupon take proceedings to compel obedience to such order.
(2) The circuit court has power in case of all such orders by the department to compel obedience therewith by mandamus, brought in the name of the state, subject, however, to appeal to the Court of Appeals in the same manner and with like effect as provided in cases of appeal from the order of the circuit court. [Formerly 763.090; 1997 c.275 §19]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.218 - Work and materials furnished by railroad company; supervision of work.

All work and the material for work done under ORS 824.200, 824.204, 824.206, 824.210 to 824.218, 824.226 to 824.230, 824.238, 824.240 and 824.256 within the limits of railroad rights of way shall, if the railroad company so desires, be furnished and done by the railroad company. However, the Department of Transportation shall have supervision of the work and may decide the kind of material to be used. [Formerly 763.100; 1997 c.249 §253]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.222 - Authority over duration that grade crossing may be blocked; penalty.

(1) The power to fix and regulate the length of time a public railroad-highway grade crossing may be blocked by railroad equipment is vested exclusively in the state.
(2)(a) Upon petition of the public authority in interest, or of any railroad or upon the Department of Transportation’s own motion, the department shall, after due investigation and hearing, unless hearing is not required under ORS 824.214, enter an order fixing and regulating the length of time a public railroad-highway grade crossing may be blocked by railroad equipment.
(b) Upon petition of a person, the department shall investigate and may hold a hearing and, following a hearing, may enter an order fixing and regulating the length of time a public railroad-highway grade crossing may be blocked by railroad equipment.
(3) The time limits fixed by the department shall be maximum time limits and shall be commensurate with reasonable requirements of train and vehicular traffic operations.
(4) Violation of a time limit fixed by the department under this section is punishable by a civil penalty of not less than $100 nor more than $3,000 for each offense. [Formerly 763.120; 2001 c.909 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.223 - Authority to regulate distance from grade crossing at which railroad may stop or park equipment; penalty.

(1) The power to regulate the distance from a public railroad-highway grade crossing at which a railroad may stop or park equipment is vested exclusively in the state.
(2)(a) Upon petition of the public authority in interest, or of any railroad or upon the Department of Transportation’s own motion, the department shall, after due investigation and hearing, unless hearing is not required under ORS 824.214, enter an order establishing a safe distance from a public railroad-highway grade crossing at which a railroad may stop or park equipment.
(b) Upon petition of a person, the department shall investigate and may hold a hearing and, following a hearing, may enter an order establishing a safe distance from a public railroad-highway grade crossing at which a railroad may stop or park equipment.
(3) In determining what constitutes a safe distance under subsection (2) of this section, the department shall consider issues including, but not limited to, hazards associated with public railroad-highway grade crossings that do not have active protective devices.
(4) Violation of an order issued under subsection (2) of this section is punishable by a civil penalty of not less than $100 nor more than $3,000 for each offense. [2001 c.909 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.224 - When stop signs are to be installed by railroad; exemption; grade crossing alteration, relocation or closure.

(1) At every farm or private grade crossing of a railroad where no automatic grade crossing protective device is installed, the railroad shall cause to be installed and maintained, as a means of protecting the crossing, one or more stop signs.
(2) The Department of Transportation shall, after hearing, unless hearing is not required under ORS 824.214, prescribe the number, type and location of the stop signs and may exempt a farm or private grade crossing if the department finds that the installation of such sign or signs at the crossing would create a hazard or dangerous condition that would not otherwise exist.
(3) After notice to any affected landowner and opportunity for a hearing, unless a hearing is not required under ORS 824.214, the Department of Transportation may alter, relocate or close any farm or private grade crossing on any line designated as a high speed rail system.
(4) If the department decides to alter, relocate or close a farm or private grade crossing in such a manner as to constitute a taking of private property, the department shall exercise its power of eminent domain to acquire such property as is necessary to carry out the decision. A department order under this subsection shall constitute a resolution of necessity for exercise of the department’s power of eminent domain.
(5) If the department exercises its power of eminent domain under subsection (4) of this section, the department shall use any combination of state or federal funds allocated for high speed rail systems to pay any settlement with or judgment in favor of an owner of a farm or private grade crossing. The department shall have discretion to determine whether to reach a settlement with an owner of a farm or private grade crossing.
(6) The costs of implementing a department order issued under subsection (3) of this section shall be apportioned to any combination of state or federal funds specifically allocated for high speed rail systems as the department determines appropriate in order to eliminate farm or private grade crossings or to enhance safety at such crossings. [Formerly 763.130; 1997 c.249 §255; 1997 c.275 §20]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.226 - Dangerous grade crossings; notice; hearing; order to install protective devices; apportioning of cost.

(1) The Department of Transportation on its own motion may, or upon application by the common council or mayor of any city, or any county judge or county commissioner or county roadmaster, or by five or more residents and taxpayers in any city, county or road district to the effect that a public highway and a railroad cross one another in such city, county or road district at the same level, and that such grade crossing is unsafe and dangerous to travelers over such highway or railroad, shall, give notice to the railroad company, of the filing of such application, and furnish a copy of the same to the railroad company, and order a hearing thereon in the manner provided for contested case hearings under ORS chapter 183.
(2) If upon such hearing it appears to the satisfaction of the department that the crossing complained of is unsafe and dangerous to human life, the department may order the crossing closed or order and direct the railroad or public authority to install and maintain proper protective devices, and establish a date by which such devices are to be installed and placed into operation. The department shall apportion the installation and maintenance costs thereof in accordance with ORS 824.242 to 824.246, and, notwithstanding the provisions of ORS chapter 183, shall suspend the effective date of the order until the public authority in interest has consented to the apportionment and has agreed to comply therewith. [Formerly 763.170; 1997 c.275 §21]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.228 - Procedure for determining mode of track crossing of intersecting railroads.

(1) Whenever it becomes necessary for the track of one railroad to cross the track of another railroad, the Department of Transportation shall ascertain and define either on the application of a railroad or on its own motion and after notice to the affected railroads, in the manner provided for contested cases in ORS chapter 183, the mode of such crossing that occasions the least probable injury upon the safety, welfare and interests of the public and the rights of the company owning the road that is intended to be crossed.
(2) The department shall also determine the compensation to be paid by the railroad so seeking to cross the other, if the railroads are unable to agree thereon, and the points and manner of such connection.
(3) If it appears to the department that it is reasonable and practicable to avoid a grade crossing, the department shall by order prevent the same, and shall prescribe the manner of such crossing.
(4) If any railroad seeks to cross at grade with its tracks the tracks of another railroad, the railroad seeking to cross at grade shall be compelled to pay all damages caused by such crossing, and to interlock or protect such crossing by safety devices to be designated by the department, and to pay all costs of appliances, together with the expenses of putting them in and maintaining them. This requirement does not apply to crossings of sidetracks. [Formerly 763.180; 1997 c.275 §22]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.230 - Installation of protective devices where railroads intersect at grade.

(1) In any case where the tracks of two or more railroads cross each other at a common grade in this state, the railroads, when ordered by the Department of Transportation, shall protect such crossings by interlocking or other safety devices, under regulations to be designated by the department, to prevent trains colliding at such crossings. An order may be issued under this section only after notice to the affected railroads and a proceeding under ORS chapter 183 initiated by the department on its own motion or upon application by one of the railroads.
(2) The department in making such order shall designate the manner of such interlocking protection, and shall apportion the cost of installing and maintaining the same between the several railroads, if such railroads are unable to agree upon the same between themselves. [Formerly 763.190; 1997 c.275 §24]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.232 - Forfeiture for noncompliance.

Any company, corporation, person or receiver operating any railroad who neglects to comply with any order made by the Department of Transportation pursuant to ORS 824.228 or 824.230 shall forfeit and pay to the state a penalty of $500 per week for each week of such neglect. [Formerly 763.200]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.234 - Use of findings of department regarding hazards at crossings.

The determinations of the Department of Transportation under ORS 824.200 to 824.256 as to hazards at crossings shall not be admissible in any civil action for damages. [Formerly 763.210]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.236 - Protective devices at unauthorized railroad-highway crossing; apportionment to railroad; reimbursement; closure.

(1) Except as provided in subsection (2) of this section, the Department of Transportation may, under ORS 823.033, order a railroad to install and maintain protective devices at an unauthorized railroad-highway crossing and order the public authority in interest to install and maintain stop signs at and other protective devices in advance of an unauthorized railroad-highway crossing.
(2) The department may not order the railroad to install at an unauthorized railroad-highway crossing devices which are activated immediately in advance of, and during, each train movement over the crossing unless the department determines that the railroad intentionally created the unauthorized crossing after June 2, 1995.
(3) Except as provided in subsection (4) of this section, in any proceeding under subsections (1) and (2) of this section, or unless the parties agree otherwise, installation and maintenance costs of protective devices shall be apportioned to the railroad.
(4) The railroad may seek reimbursement or indemnity from third parties.
(5) Under ORS 823.033, the department may open an investigation to consider closure of an unauthorized railroad-highway crossing. If the department decides to open an investigation, it shall post notice of the investigation at the crossing at least 30 days prior to opening the investigation. If the department is unable to complete an investigation within two years from the date it was opened, the department shall order the crossing closed within one year from the expiration of the two-year period allowed for investigation unless closure of the unauthorized railroad-highway crossing would remove the only access to any land. [Formerly 763.220; 2003 c.145 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.238 - Division of costs between railroad and public authority.

The following costs shall be divided between the railroad and the public authority in interest in such proportion as the Department of Transportation finds just and equitable under the circumstances in each case:
(1) That portion of the cost of any alteration or change resulting in the elimination of a grade crossing under ORS 824.206 (1) by reason of relocation of the highway which is directly chargeable to the grade elimination.
(2) The costs of construction, change, alteration, abolition and relocation of any grade crossing involved in a proceeding arising under ORS 824.204, 824.206 or 824.226.
(3) The costs of maintenance of crossings above or below grade under ORS 824.206 and 824.210.
(4) Any cost otherwise apportionable under the terms of ORS 824.242 to 824.246 or 824.248 (1) to the extent that funds are not available from the Grade Crossing Protection Account. [Formerly 763.250]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.240 - Payment when public highway involved.

(1) As to all crossings above or below grade constructed on state highways, the proportion of expense to be borne by public authority in interest shall be paid from the state highway funds.
(2) Any public authority in interest acting through its governing body may, at its option, by agreement with the Department of Transportation, bear a share of the expense of constructing any railroad crossing above or below grade on a state highway.
(3) If federal funds allocated specifically for removal of hazards at hazardous railroad-highway crossings are available for any part of the work to be performed, the Department of Transportation shall cause such funds to be used for such purposes. [Formerly 763.260]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.242 - Apportionment of costs for installation of protective devices.

In any grade crossing proceeding arising under ORS 824.204, 824.206 or 824.226, unless the parties agree otherwise, installation costs of protective devices shall be apportioned as follows:
(1) At an existing crossing, a crossing relocated pursuant to ORS 824.206 or 824.226, or a crossing previously closed by order of the Department of Transportation and reopened in a proceeding under ORS 824.204:
(a) For devices to be installed at or in advance of the crossing and which are activated immediately in advance of, and during, each train movement over the crossing:
(A) Seventy-five percent to the Grade Crossing Protection Account;
(B) Five percent to the public authority in interest; and
(C) Twenty percent to the railroad company.
(b) For devices which are primarily designed for the purpose of illuminating the crossing or its approaches during hours of darkness:
(A) Not less than 90 percent to the Grade Crossing Protection Account;
(B) Not more than five percent to the public authority in interest; and
(C) Not more than five percent to the railroad company for such devices to be installed at the crossing.
(c) For all other protective devices:
(A) Seventy-five percent to the Grade Crossing Protection Account; and
(B) Twenty-five percent to the public authority in interest for such devices to be installed by it at or in advance of the crossing; or
(C) Twenty-five percent to the railroad company for such devices to be installed by it at the crossing.
(2) Except as provided in subsection (4) of this section, at a new crossing requested by a public authority, 100 percent of the installation costs shall be paid by the public authority in interest.
(3) Except as provided in subsection (4) of this section, at a new crossing requested by a railroad company, 100 percent of the installation costs shall be paid by the railroad company.
(4) If the Department of Transportation converts an unauthorized railroad-highway crossing to a crossing authorized under ORS 824.204, the department shall apportion installation costs of protective devices as provided in subsection (1) of this section, or, if federal funds are available, installation costs may be apportioned as provided in ORS 824.250. [Formerly 763.271]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.244 - Apportionment of costs for maintenance of protective devices.

Unless the parties agree otherwise, maintenance cost of protective devices at grade crossings installed pursuant to ORS 824.204, 824.206 or 824.226 shall be apportioned as follows:
(1) One hundred percent to the railroad company for devices at the crossing actually installed and maintained by the railroad.
(2) One hundred percent to the public authority in interest for devices at or in advance of the crossing actually installed and maintained by the authority, except as provided under subsection (3) of this section.
(3) Fifty percent to the railroad company, and 50 percent to the public authority in interest, for devices at the crossing installed and maintained by the public authority which are primarily designed for the purpose of illuminating the crossing during hours of darkness and which are not activated immediately in advance of, or during, each train movement. [Formerly 763.273]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.246 - Apportionment of costs of crossing closure.

If in any grade crossing proceeding arising under ORS 824.204, 824.206 or 824.226, the Department of Transportation requires the closure of any existing crossing within the jurisdiction of the public authority in interest, the department may apportion to the railroad company, for such crossing closed, an amount not to exceed five percent of the cost of installation of protective devices at any new or other existing crossing within the jurisdiction of the public authority in interest. Any additional costs paid by the railroad company shall reduce the share otherwise apportionable to the public authority in interest. [Formerly 763.275]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.248 - Apportionments for crossings above or below grade.

In any proceeding involving a crossing above or below grade arising under ORS 824.206 or 824.210, unless the parties agree otherwise, the cost of construction, reconstruction, or alteration of such crossings shall be apportioned as follows:
(1) At existing crossings above or below grade: 10 percent of the cost of reconstruction or alteration to the public authority in interest and all remaining costs of reconstruction or alteration to the Grade Crossing Protection Account and the railroad in interest as is just and equitable under the circumstances in each case.
(2) At a new crossing requested by a public authority: All construction costs to the public authority in interest.
(3) At a new crossing requested by a railroad company: All construction costs to the railroad company. [Formerly 763.280]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.250 - Apportionment when federal funds available.

In the event any protective device is to be installed or altered at an existing or relocated crossing or any reconstruction or alteration is made at an existing separation structure, with the aid of any federal funds administered by the Federal Highway Administration of the United States Department of Transportation, the Oregon Department of Transportation shall, unless the parties agree otherwise:
(1) Apportion the amount of such federal funds to payment of installation, reconstruction, or alteration costs; and
(2) Apportion the remaining costs of installation, reconstruction, alteration, and maintenance as provided by ORS 824.238 and 824.242 to 824.248; however, in a case where the federal fund assistance equals or exceeds 75 percent of the cost of installing, altering and reconstructing protective devices at an existing or relocated crossing, the remaining costs, except for maintenance costs, may be allocated entirely to the Grade Crossing Protection Account. [Formerly 763.290]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.252 - Procedure when disagreement as to apportionment exists.

(1) In any proceeding under ORS 824.206 or 824.226, where the application to the Department of Transportation states that the parties are not in agreement as to apportionment of costs, but the applicant is willing to advance the amount of money reasonably necessary to enable the respondent to complete the work which must be done by it or the amount reasonably necessary is available and can be advanced from the Grade Crossing Protection Account, the department shall set the application for hearing as soon as the calendar of the department permits on the questions of:
(a) The necessity for the project;
(b) The approval of the location and the engineering plans, including provisions for handling traffic during construction and the work to be performed by each party; and
(c) The sum to be advanced by the applicant or the account for the work to be done by the respondent.
(2) The Department of Transportation shall render as promptly as possible an interim order, effective within 20 days on such questions, reserving for later hearing and decision the question of the apportionment of costs. The interim order shall also direct the respondent to proceed upon receipt of the sum to be advanced by the applicant or the account without delay to perform the work to be done by respondent, integrating the work with that of the applicant or its contractor in such manner that neither will unreasonably obstruct or delay the work of the other, to the end that the people of the state may have the use of the project at the earliest possible date.
(3) In the final order apportioning costs, the sum advanced by the applicant or the account shall be credited against its share of the costs. In the final order there shall also be credited against applicant’s share of the costs any increase in the costs found by the Department of Transportation to be directly attributable to respondent’s willful failure or refusal, after the effective date of the interim order, to proceed with its own work or to integrate the work with that of applicant or its contractor. [Formerly 763.300]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.254 - Reimbursement procedure for railroad and public authority.

(1) Upon issuance of an order apportioning costs to the Grade Crossing Protection Account, the railroad company or the public authority in interest may submit to the Department of Transportation progress claims, not to exceed 80 percent of the apportionment, for reimbursement for the cost of labor, and other services provided to date of billing, and for the costs of materials stockpiled at the project site or specifically purchased and delivered for use on the project. Upon completion of the construction, reconstruction or alteration of a crossing, or of the installation or alteration of grade crossing warning or safety devices at a crossing, the railroad company or the public authority in interest shall present to the department for approval its claim for reimbursement for the costs thereof in the amount apportioned to the Grade Crossing Protection Account less progress payments previously made. When a claim is approved, the department shall, as funds become available, order the claim paid from the account.
(2) The department may make such audit as the department considers necessary before or after each such disbursement for the purpose of determining that the money is expended for the purposes and under the conditions authorized by ORS 824.242 to 824.248. By presentation of its claim, the railroad company and the public authority consent to make pertinent records showing costs of labor and materials available to the department.
(3) Notwithstanding subsection (1) of this section, upon issuance of an order apportioning costs to the Grade Crossing Protection Account, and upon agreement with the Department of Transportation, the railroad company or public authority in interest shall submit an estimate of the costs of the project. The railroad company or public authority in interest may submit statements for lump-sum reimbursement from the account during and at the completion of the construction, reconstruction or alteration of a crossing, or of the installation or alteration of a grade crossing warning or safety device at a crossing. [Formerly 763.310; 1997 c.249 §256; 1999 c.596 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.256 - Expense contributed by public held in trust by railroad company.

Any portion of the cost or expense that is contributed or borne by any public authority under ORS 824.200, 824.204, 824.206, 824.210 to 824.218 and 824.226 shall forever be considered as held in trust by the railroad company receiving the same or the benefits thereof, and no part thereof shall be considered a part of the value of the property of the railroad company upon which it is entitled to receive a return. [Formerly 763.320]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.300 - Required crews on trains; exception.

No person or officer of court operating any railroad or railway in this state engaged as a common carrier in the transportation of freight or passengers shall operate over its road, or any part thereof, in excess of 15 continuous miles, or suffer or permit to be run over the same, outside of yard switching limits, any passenger, mail or express train propelled by any form of motive power and consisting of four or more cars with less than a full passenger crew consisting of one engineer, one apprentice engineer, one conductor, one brakeman and one flagger. None of said crew shall be required or permitted to perform the duties of train baggage handler or express messenger while on such road. This section shall not apply to operations in which lesser crew requirements are established by agreement between the common carrier and the organizations representing railroad employees. [Formerly 764.110; 1997 c.249 §258]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.304 - Guarding frogs, switches and guardrails.

(1) Every person owning or operating a railroad in this state, shall so adjust, fill, block and securely guard the frogs, switches and guardrails of their roads as to protect and prevent the feet of employees and other persons from being caught therein.
(2) Any person owning or operating a railroad in this state shall be liable for any damage caused from a failure to comply with this section. [Formerly 764.140]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.306 - Shelter of car repairers.

(1) No person owning, controlling or operating any line of railroad in this state shall build, construct, reconstruct or repair railroad car equipment or motive power in the state without first erecting and maintaining at every division terminal, or other point where five employees or more are regularly employed on such work, a shed over a sufficient portion of the tracks used for such work, so as to provide that all employees regularly employed in such work are sheltered and protected from rain and other inclement weather.
(2) This section does not apply at points where fewer than five employees are regularly employed in such work, nor at points where it is necessary to make light repairs only on equipment or motive power, nor to equipment loaded with time or perishable freight, nor to equipment when trains are being held for the movement of equipment. As used in this subsection, "light repairs" does not include repairs usually made in roundhouse, shop or shed upon well-equipped railroads. [Formerly 764.150]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.308 - Railroads to provide first aid training for employees.

(1) Every railroad operating in this state shall provide to any employee who is an engineer, conductor or yard foreman a first aid training course that conforms to standards at least equivalent to the American Red Cross eight-hour first aid training course and cardiopulmonary resuscitation course.
(2) Railroads shall bear all costs incurred for the first aid training course described in subsection (1) of this section and shall pay wages to employees who are attending the course. [Subsection (1) formerly 764.170; subsection (2) formerly 764.180]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.310 - Immunity from liability of persons providing first aid treatment.

No person may recover in an action against a railroad or employee who has received the first aid training described in ORS 824.308 (1) for any damages directly or indirectly resulting from first aid treatment rendered by such employee unless the complaining party establishes that the treatment violates the standards of reasonable care under the circumstances including the existence of emergency conditions in which the treatment was rendered. [Formerly 764.190]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.400 - Passenger rail plan.

(1) The Department of Transportation shall develop and implement a passenger rail plan for the purposes of increasing ridership on passenger trains and increasing ticket revenue. The passenger rail plan must include, but is not limited to, the following:
(a) A marketing strategy.
(b) Strategies for boosting ridership.
(c) Strategies for boosting tourism through the use of passenger rail.
(2) The department may coordinate with other state agencies to develop the plan. [2015 c.225 §3]
Note:
824.400 to 824.430 were enacted into law by the Legislative Assembly but were not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.410 - Quarterly report to Legislative Assembly.

The Department of Transportation shall submit a quarterly report on the performance of passenger rail to the interim committees of the Legislative Assembly related to transportation in the manner provided under ORS 192.245. The report must include a summary of the number of passengers utilizing passenger rail and on-time performance for the previous quarter. [2015 c.225 §5]
Note:
See note under 824.400.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.420 - Cascades Rail Corridor.

(1) The Department of Transportation may enter into agreements with the Washington State Department of Transportation and the British Columbia Ministry of Transportation and Infrastructure to:
(a) Develop a plan to document the shared vision, goals and objectives for passenger rail service within the Cascades Rail Corridor.
(b) Develop a plan to achieve performance goals, manage fleet assets, share costs, prioritize investments and resolve interagency disputes.
(c) Propose funding options to the respective legislative bodies to support the operation of passenger trains within the corridor.
(d) Develop a stakeholder outreach program.
(e) Oversee operations and marketing of daily passenger rail service in the corridor.
(2) The Department of Transportation may enter into agreements with the Washington State Department of Transportation to coordinate state rail plans. [2013 c.112 §1]
Note:
See note under 824.400.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.430 - Annual report to Legislative Assembly.

Before January 1 of each odd-numbered year, the Department of Transportation shall report to the Legislative Assembly in the manner provided in ORS 192.245 about the following:
(1) The status of agreements with the Washington State Department of Transportation and the British Columbia Ministry of Transportation and Infrastructure regarding the Cascades Rail Corridor.
(2) The performance of passenger rail service within the corridor.
(3) The financial status of the corridor and financial needs for passenger rail service within the corridor. [2013 c.112 §2]
Note:
See note under 824.400.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.990 - Civil penalties.

(1) In addition to all other penalties provided by law:
(a) Every person who violates or who procures, aids or abets in the violation of ORS 824.060 (1), 824.084, 824.088, 824.304 (1) or 824.306 (1) or any order, rule or decision of the Department of Transportation shall incur a civil penalty of not more than $1,000 for every such violation.
(b) Every person who violates or who procures, aids or abets in the violation of any order, rule or decision of the department promulgated pursuant to ORS 824.052 (1), 824.056 (1), 824.068, 824.082 (1) or 824.208 shall incur a civil penalty of not more than $1,000 for every such violation.
(2) Each such violation shall be a separate offense and in case of a continuing violation every day’s continuance is a separate violation. Every act of commission or omission that procures, 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 183.745.
(4) The department may reduce any penalty provided for in subsection (1) of this section on such terms as the department considers proper if:
(a) The defendant admits the violations alleged in the notice and makes timely request for reduction of the penalty; or
(b) The defendant submits to the department a written request for reduction of the penalty within 15 days from the date the penalty order is served. [Formerly 824.112; 2021 c.630 §128]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 824 - Railroads › Section 824.992 - Criminal penalties.

(1) Violation of ORS 824.062 is a Class D violation.
(2) Violation of ORS 824.064 is a Class A misdemeanor.
(3) Violation of ORS 824.082 (1), 824.084 or 824.088 by a railroad is a Class A violation.
(4) Violation of ORS 824.082 (2) is a Class A violation.
(5) As used in subsection (3) of this section, "railroad" means a railroad as defined by ORS 824.020 and 824.022.
(6) Subject to ORS 153.022, violation of ORS 824.060 (2), 824.106 or 824.108 or any rule promulgated pursuant thereto is a Class A violation.
(7) A person is subject to the penalties under subsection (8) of this section if the person knowingly:
(a) Transports by railroad any hazardous waste listed under ORS 466.005 or rules adopted thereunder to a facility that does not have appropriate authority to receive the waste under ORS 466.005 to 466.385 and 466.992.
(b) Disposes of any hazardous waste listed under ORS 466.005 or rules adopted thereunder without appropriate authority under ORS 466.005 to 466.385 and 466.992.
(c) Materially violates any terms of permit or authority issued to the person under ORS 466.005 to 466.385 and 466.992 in the transporting or disposing of hazardous waste.
(d) Makes any false material statement or representation in any application, label, manifest, record, report, permit or other document filed, maintained or used for purposes of compliance with requirements under ORS 824.050 to 824.110 for the safe transportation of hazardous wastes.
(e) Violates any rules adopted by the Department of Transportation concerning the transportation of hazardous wastes.
(8) Subject to ORS 153.022, violation of subsection (7) of this section is a Class B misdemeanor. Each day’s violation is a separate offense.
(9) Violation of ORS 824.300 or 824.302 is a Class D violation.
(10) Violation of ORS 824.304 is a Class A violation.
(11) Violation of ORS 824.306 by any railroad company or officer or agent thereof, or any other person is a Class D violation. Each day’s violation is a separate offense. [Formerly 824.114; 1999 c.1051 §232; 2011 c.597 §109; 2021 c.630 §29]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.007 - Policy.

(1) The business of operating as a motor carrier of persons or property for hire upon the highways of this state is declared to be a business affected with the public interest. It is hereby declared to be the state transportation policy to do the following:
(a) Promote safe, adequate, economical and efficient service and to promote the conservation of energy.
(b) Promote sound, economic conditions in transportation.
(c) Encourage the establishment and maintenance of reasonable rates for transportation services, without unjust discriminations, undue preferences or advantages or unfair or destructive competitive practices.
(d) Provide specific state action immunity against all antitrust claims and prosecution in those instances when carriers lawfully develop, publish and charge rates relating to the transportation of household goods and joint line rates relating to the transportation of other property and provide services specifically prescribed and subject to regulation by the Department of Transportation and in those instances when carriers lawfully engage in prior consultation for purposes described in this paragraph.
(2) The volume of motor carrier traffic presents dangers and hazards on public highways and makes it imperative that:
(a) Stringent rules be employed, to the end that the highways may be rendered safe for the use of the general public;
(b) The wear of such highways be controlled;
(c) A minimum of inconvenience to other users of the highways be effected;
(d) A minimum hindrance and stoppage to other users of the highways compatible with needs of the public for adequate transportation service, be effected;
(e) The highways be safeguarded from improper or unnecessary usage;
(f) Operation by irresponsible persons or any other operation threatening the safety of the public or detrimental to the general welfare be prevented;
(g) Congestion of traffic on the highways be minimized;
(h) The various transportation agencies of the state be adjusted and correlated so that public highways may serve the best interest of the general public; and
(i) A method of assessing privilege taxes be provided to enable the further construction of highways and to provide for the operation, preservation and maintenance of highways already built.
(3) The Legislative Assembly hereby declares that to effect the ends and purposes listed in this section, this chapter is adopted. [Formerly 767.020; 2015 c.283 §13]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.010 - Compliance with chapter required.

No for-hire carrier or private carrier shall operate any motor vehicle for the transportation of persons or property, or both, on any public highway in this state except in accordance with the provisions of this chapter. [Formerly 767.040; 1997 c.275 §35]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.015 - Nonapplicability of chapter to certain vehicles used in nonprofit transportation of passengers.

(1) Except as provided in ORS 825.030, this chapter does not apply to motor vehicles with a seating capacity of less than 16 persons while used in nonprofit operation for commuting to job, job training or educational facilities.
(2) For the purposes of this section, "nonprofit operation" means a voluntary commuter ridesharing arrangement that may charge a fee to defray expenses but remains nonprofit in its operation without reference to any entity that may sponsor it. In establishing the fee, the following items may be included as expenses:
(a) The cost of acquiring the vehicle;
(b) Insurance;
(c) Maintenance of the vehicle;
(d) Fuel; and
(e) Other reasonable expenses attributable to use of the vehicle for ridesharing purposes. [Formerly 767.022; 2007 c.31 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.018 - Report from owners or operators of vehicles exempted by ORS 825.017; rules.

Owners or operators of vehicles exempt from the provisions of ORS chapter 825 by ORS 825.017 shall file an annual report with the Department of Transportation showing the miles of travel by registered weight class of vehicle for each exempt vehicle. The department shall determine by rule the form and manner of the report. [Formerly 767.026]