reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 335 - RAILROAD CABOOSE AND LOCOMOTIVE SANITATION FACILITY AND WATER STANDARDS › Section 741-335-0120 - Toilet Room Supplies

Current through Register Vol. 63, No. 7, July 1, 2024
An adequate supply of toilet paper with a convenient holder
				shall be supplied for each toilet. Crew packs adequately supplied with toilet
				paper are acceptable.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 &
				  824.068
Stats. Implemented: ORS
				  824.068
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 335 - RAILROAD CABOOSE AND LOCOMOTIVE SANITATION FACILITY AND WATER STANDARDS › Section 741-335-0130 - Drinking Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Sanitary drinking water facilities shall be provided and maintained on
			 locomotives and cabooses in service so as to provide an adequate supply of safe
			 drinking water.
(2) When ice is
			 used for water cooling purposes, the containers shall be so arranged that the
			 drinking water will not come in contact with the ice.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 &
				  824.068
Stats. Implemented: ORS
				  824.068
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 335 - RAILROAD CABOOSE AND LOCOMOTIVE SANITATION FACILITY AND WATER STANDARDS › Section 741-335-0140 - Drinking Water Containers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Drinking water shall be supplied in suitable sanitary containers conveniently
			 located for the use of the employees, but shall not be located in separately
			 enclosed toilet rooms.
(2) Each
			 reusable drinking water container shall be constructed so as to be easily
			 cleaned and disinfected and shall be made of impervious and noncorrodible
			 materials.
(3) Either single
			 service drinking cups or drinking fountains with sanitary angle heads shall be
			 provided for the use of employees.
(4) With the exception of individual
			 disposable containers, no drinking water containers from which water must be
			 dipped or poured shall be used.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 &
				  824.068
Stats. Implemented: ORS
				  824.068
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 335 - RAILROAD CABOOSE AND LOCOMOTIVE SANITATION FACILITY AND WATER STANDARDS › Section 741-335-0160 - Hand Cleaning Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
Facilities for cleaning of hands shall be provided on cabooses
				and locomotives in service at a location where the use thereof will not result
				in the contamination of the drinking water dispensing system. An adequate
				supply of hand soap or other hand cleaning agents shall be provided in
				appropriate dispensers or crew packs and shall be capable of removing oil-based
				substances. Individual disposable or launderable towels and waste receptacles
				for used towels shall be provided.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 &
				  824.068
Stats. Implemented: ORS
				  824.068
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 335 - RAILROAD CABOOSE AND LOCOMOTIVE SANITATION FACILITY AND WATER STANDARDS › Section 741-335-0170 - Placing Cabooses and Locomotives in Service

Current through Register Vol. 63, No. 7, July 1, 2024
Locomotives and cabooses shall not be placed in service until
				all sanitation, water and hand cleaning standards have been met. A locomotive
				or caboose shall be considered in service once it is removed from the service
				track or is occupied by a member of the train crew.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 &
				  824.068
Stats. Implemented: ORS
				  824.068
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 335 - RAILROAD CABOOSE AND LOCOMOTIVE SANITATION FACILITY AND WATER STANDARDS › Section 741-335-0180 - Caboose Defect and Repair Register

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An equipment defect and repair register
			 shall be furnished and maintained on each caboose. The register shall consist
			 of a card, paper or book with spaces to record the date and train upon which a
			 defect occurs, the defect and the name of the person reporting the defect. Each
			 railroad shall require inspection of this register at all locations where
			 maintenance can be performed, listing on the register the date and place the
			 defect is corrected and initials and last name of the person making the repair.
			 The railroads shall provide reasonable regulations for use of the register,
			 including a provision for maintaining in each caboose all entries reporting
			 defects within the previous 90 day period.
(2) The equipment defect register may be used
			 to report defects in equipment required by ORS Chapter 824 (fire extinguishers
			 and rear-end markers) and sanitation regulations contained in OAR 741-335-0010  through 741-335-0160.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 &
				  824.068
Stats. Implemented: ORS
				  824.068
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 335 - RAILROAD CABOOSE AND LOCOMOTIVE SANITATION FACILITY AND WATER STANDARDS › Section 741-335-0200 - First Aid Kits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each locomotive and caboose shall carry a first aid kit as required under ORS
			 824.060 containing the following
			 minimum first aid supplies:
(a) Gauze pads
			 (small);
(b) Gauze pads
			 (large);
(c) Adhesive
			 bandages;
(d) Gauze
			 bandage;
(e) Triangle
			 bandage;
(f) Pair
			 scissors;
(g) Soap solution or
			 sealed moistened towelettes; and
(h) Pair of latex gloves.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 400 - STANDARD FOR THE OPERATION BY CLASS I RAILROADS OF FREIGHT TRAINS WITHOUT AN OCCUPIED CABOOSE AS THE REAR CAR › Section 741-400-0010 - Standards for Cabooseless Train Operations

Current through Register Vol. 63, No. 7, July 1, 2024
The Public Utility Commission adopts the following orders as
				standards for the operation by Class I railroads of freight trains without an
				occupied caboose as the rear cars:
Case Order
Railroad
Number
Number
Southern Pacific
RC-47
84-904
86-787
Union Pacific RC-58 86-1119
87-039
Burlington Northern RC-59 85-1214
RC-78 86-764
Stat. Auth.: ORS 183, ORS 756 & ORS 761
Stats. Implemented: ORS
				  761.612
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 510 - OREGON RAILROAD HAZARDOUS MATERIALS TRANSPORTATION RULES › Section 741-510-0015 - Adoption of Federal Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
The Department of Transportation adopts the rules of the United
				States Department of Transportation in effect on the date this rule is filed
				with the Secretary of State (anticipated June 18, 2015) in Title 49, Code of
				Federal Regulations, Parts 107 through 180, Hazardous Materials Regulations,
				insofar as those rules apply to railroads and railroad
				shippers.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  823.061,
				  824.086
Stats. Implemented: ORS
				  824.080 -
				  824.092
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 510 - OREGON RAILROAD HAZARDOUS MATERIALS TRANSPORTATION RULES › Section 741-510-0020 - Railroad Reporting Information

Current through Register Vol. 63, No. 7, July 1, 2024
There are different entities involved in the transportation of
				Hazardous Materials by rail and response to any associated Incidents.
				Information sharing ensures emergency responders have information to guide
				preparedness efforts and effective response actions.
(1) Each railroad transporting Hazardous
			 Materials in this state shall provide by electronic mail to the Rail Division,
			 the following information for each rail line it operates in the state:
(a) Current railroad Timetable;
(b) The name, address, and telephone number
			 of the railroad's person in charge of education and training related to
			 Hazardous Material transportation;
(c) The Railroad Emergency Response Telephone
			 Number for obtaining information about train contents, including the type,
			 quantity and placement of Hazardous Material cars within the train.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 510 - OREGON RAILROAD HAZARDOUS MATERIALS TRANSPORTATION RULES › Section 741-510-0025 - Quarterly Reporting of Hazardous Material Transportation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each railroad transporting Hazardous
			 Materials, if any part of such transportation takes place within this state,
			 shall provide a report via electronic mail to the Rail Division, for each
			 quarter in which Hazardous Materials are transported. The quarterly report
			 shall be made by the reporting railroad no later than the last day of the month
			 following the quarter in which transportation of the Hazardous Material
			 shipment ends, or the Hazardous Material shipment leaves the state.
(2) The quarterly report shall segregate the
			 reportable data by month. The quarterly report shall include:
(a) The name, UN or NA Identification Number
			 and Hazard Class of the Hazardous Material transported;
(b) The number of loaded rail cars and
			 residue rail cars used to transport the Hazardous Material, including any
			 intermodal trailers, containers, and tank containers required to be marked with
			 the UN or NA Identification Number of the Hazardous Material;
(c) The railroad Line Segments in the state
			 over which the Hazardous Material was transported.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 510 - OREGON RAILROAD HAZARDOUS MATERIALS TRANSPORTATION RULES › Section 741-510-0027 - Public Disclosure of Reporting Hazardous Material Transportation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 824.082 and
			 824.086, the Rail Division shall
			 make accessible to the general public, information reported quarterly, required
			 by section (1) through (4) of OAR 741-510-0025. Disclosure of the reports will
			 be subject to public records disclosure laws and will require a public records
			 request.
(2) ORS
			 192.501 and
			 192.502 provide that certain
			 records (i.e., trade secrets) are exempt from disclosure under
			 192.410 to
			 192.050 unless the public
			 interest requires disclosure in a particular instance. Persons required to
			 provide information under these rules may request that the Rail Division treat
			 some or all of their information as exempt from public disclosure by:
(a) Making the claim in writing at the time
			 the required information is provided to the Rail Division, and;
(b) Providing any written documentation or
			 analysis that supports the claim of exemption from public disclosure at the
			 time the required information is provided to the Rail Division.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 510 - OREGON RAILROAD HAZARDOUS MATERIALS TRANSPORTATION RULES › Section 741-510-0030 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  183.335, ORS
				  824.090, ORS
				  825.210, ORS
				  825.252, ORS
				  825.258 & ORS
				  825.260
Stats. Implemented: ORS
				  824.088
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 510 - OREGON RAILROAD HAZARDOUS MATERIALS TRANSPORTATION RULES › Section 741-510-0035 - Immediate Access to Train Information for Emergency Response Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
Each railroad transporting Hazardous Materials, if any part of
				such transportation takes place within this state, shall ensure that Emergency
				Response Agencies responding to an Incident on the transporting railroad's
				lines have immediate telephonic and/or electronic access to information about
				train contents, including the type, quantity and placement of Hazardous
				Material cars within the train.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  823.061,
				  824.086
Stats. Implemented: ORS
				  824.080 -
				  824.092
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 510 - OREGON RAILROAD HAZARDOUS MATERIALS TRANSPORTATION RULES › Section 741-510-0040 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, ORS 469, ORS 823, ORS 824 & ORS
				  825
Stats. Implemented: ORS
				  824.084
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 510 - OREGON RAILROAD HAZARDOUS MATERIALS TRANSPORTATION RULES › Section 741-510-0045 - Notice of Incidents

Current through Register Vol. 63, No. 7, July 1, 2024
Emergency Response Agencies require immediate notification of
				Incidents to mobilize responders and equipment and initiate alerts to the
				impacted public to protect lives, property and the environment, and ensure
				timely and effective response.
(1) In
			 the event of an Incident that in the judgment of the railroad requires fire,
			 police, or medical response, the railroad shall immediately notify 9-1-1.
(2) Not withstanding any other
			 requirement of Oregon law, each railroad shall notify the Oregon Emergency
			 Response System (OERS) immediately by telephone or similar means of
			 communication of any Incident. Notification to OERS is not a substitute to
			 calling 9-1-1 for an Incident that requires fire, police, or medical response.
(3) Notifications required in (1)
			 and (2) of this section shall be considered immediate if made as soon as
			 possible following the Incident.
(4) The notifications required of an Incident
			 to OERS will at a minimum, include:
(a) Name
			 and phone number of the person making the notification;
(b) Name of the operating railroad reporting
			 the Incident;
(c) Name and phone
			 number of the railroad contact person who is able to provide updated Incident
			 information;
(d) Date and time of
			 the Incident;
(e) Location of the
			 Incident by railroad milepost and nearest city or town;
(f) Type of Incident and nature of Hazardous
			 Material involvement;
(g)
			 Estimated number of Hazardous Material rail cars involved.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 510 - OREGON RAILROAD HAZARDOUS MATERIALS TRANSPORTATION RULES › Section 741-510-0050 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to ORS 824.990(1) and
			 (2),
(a)
			 Any railroad that fails to submit the information required by OAR 741-510-0020  shall incur a civil penalty of $1000 for each day of non-compliance.
(b) Any railroad that fails to make the
			 quarterly notification required by OAR 741-510-0025  shall incur a civil penalty
			 of $1000 for each day of non-compliance.
(c) Any railroad that fails to provide
			 Emergency Response Agencies with immediate access to Hazardous Material
			 information as required by OAR 741-510-0035  shall incur a civil penalty of
			 $1000 for each incident.
(d) Any
			 railroad that fails to provide the notice of a reportable Incident to Oregon
			 Emergency Response System (OERS) required in OAR 741-510-0045(2)  shall incur a
			 civil penalty of $1000 for each unreported incident.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 520 - HAZARDOUS WASTE › Section 741-520-0010 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  823.011, ORS
				  823.061, ORS
				  824.086 & ORS
				  824.090
Stats. Imp.: ORS 824.061, ORS
				  824.086 & ORS
				  824.090
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 520 - HAZARDOUS WASTE › Section 741-520-0020 - Discharge Clean Up

Current through Register Vol. 63, No. 7, July 1, 2024
A transporter must clean up any hazardous waste discharge that
				occurs during transportation or take such action as may be required or approved
				by federal, state, or local officials so that the hazardous waste discharge no
				longer presents a hazard to human health or the environment. ORS
				824.088requires a railroad to notify the Director of Oregon Emergency
				Management of the Department of State Police in connection with an incident
				that occurs during the course of transporting hazardous materials. Hazardous
				wastes are a form of hazardous material, so all transporters must observe the
				reporting requirement in connection with incidents involving hazardous wastes.
				See also OAR Chapter 340, Division 108.
NOTE:
ORS
				824.088 requires a railroad to
				notify the Administrator of the Emergency Management Division of the Department
				of Administrative Services in connection with an incident that occurs during
				the course of transporting hazardous materials. Hazardous wastes are a form of
				hazardous material, so all transporters must observe the reporting requirement
				in connection with incidents involving hazardous wastes. See also OAR Chapter
				340, Division 108.
Stat. Auth.: ORS
				  823.011 & ORS
				  824.086
Stats. Implemented: ORS
				  824.090
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 600 - ACCIDENT NOTICES AND REPORTS › Section 741-600-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in rules 741-600-0020  to 741-600-0040:
(1) "Serious Injury to Persons" means:
(a) Injury to a railroad employee sufficient
			 to incapacitate him from performing all of the duties customarily included in
			 the assignment of the employee at the time of injury for more than 24 hours in
			 the aggregate during the ten days (240 hours) immediately following the
			 accident; or
(b) Injury to a person
			 other than an employee, if the injury is sufficient to incapacitate the injured
			 person from following his customary vocation or mode of life for more than 24
			 hours in the aggregate during the ten days (240 hours) immediately following
			 the accident.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 600 - ACCIDENT NOTICES AND REPORTS › Section 741-600-0020 - Accidents Requiring Notice and Report

Current through Register Vol. 63, No. 7, July 1, 2024
The notice required herein shall be given to the Department
				from the office of an official designated by the railroad. Each railroad shall
				inform the Department in writing of the name, address and telephone number of
				the official designated. Such notice shall be provided between January 1 and
				January 15 of each year, except that additional written notice shall be
				provided in the event of any change in designation of official or procedure to
				be followed:
(1) Except as otherwise
			 ordered, the Department shall be notified within 24 hours (exclusive of
			 Saturdays, Sundays and holidays), after occurrence of:
(a) All accidents occurring at public and
			 private grade crossings or between such crossings, in which a collision occurs
			 between the person or vehicle of a user of a roadway and railroad
			 equipment;
(b) All derailments or
			 other accidents involving locomotives, cars and trains resulting in loss of
			 human life or serious injury to person or serious damage to property. Any
			 damage to protective devices must be reported to the Department within seven
			 days from such damage;
(c) All
			 collisions of locomotives, cars and trains resulting in loss of human life or
			 serious injury to person or serious damage to property;
(d) All bridge failures resulting in loss of
			 human life or serious injury to person or serious damage to property;
(e) Any other accident arising from or
			 connected with the operation of a railroad, which accident is attended by loss
			 of human life or serious injury to person or serious damage to
			 property.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 600 - ACCIDENT NOTICES AND REPORTS › Section 741-600-0030 - Additional Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 police agencies investigating an incident involving railroad equipment and a
			 person or motor vehicle at a public grade crossing shall submit a copy of State
			 of Oregon Vehicle Accident Report-Police (Form 46) to the Department of
			 Transportation, within ten days of occurrence or as soon as available
			 thereafter, at no expense to the Department.
NOTE: The copy of Form 46 required by section
(1) of this rule is in addition to the copy
			 to be sent to Driver and Motor Vehicle Services Division (DMV) under ORS
			 810.460.
(2) Oregon Department of Transportation, DMV
			 shall, furnish the Department a copy of the Traffic Accident and Insurance
			 Report (Form 735-32) for all reported accidents involving railroad equipment
			 and motor vehicles at a public grade crossing. This report shall be furnished
			 within ten days of receipt by the DMV, at no expense to the Rail
			 Fund.
(3) In the event no accidents
			 have occurred at or between any public or private crossing on a railroad during
			 a month, then that railroad shall submit a report so stating to the Department.
			 The report shall be made not later than 30 days after expiration of the month
			 during which no accidents occurred.
Stat. Auth.: ORS 823 & ORS 824
Stats. Implemented: ORS
				  823.027
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 600 - ACCIDENT NOTICES AND REPORTS › Section 741-600-0040 - Joint Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) for
			 the purpose of accident classification, the term "joint operations" is intended
			 to cover operations on terminal or other tracks used jointly or in common by
			 two or more reporting carriers, or where the equipment of one carrier moves as
			 its own train over the track of another carrier.
(2) Locomotives, with or without crews, if
			 loaned or leased by one carrier to another, are not thereby made subject to the
			 rules relative to "joint operations".
(3) Trains or locomotives of a non-reporting
			 carrier which may become involved in reportable accidents on the line of a
			 reporting carrier do not fall under the rules pertaining to "joint operations";
			 such accident, however, should be included in the report of the reporting
			 carrier.
(4) If a reportable
			 accident occurs on a private siding or track of like character, it shall be
			 reported by the carrier having possession of the locomotive concerned, or
			 employing the persons involved but not as a joint operation accident.
(5) Accidents occurring on tracks used by two
			 or more reporting carriers should be severally reported by the carrier or
			 carriers whose equipment or employees are involved and the carrier whose
			 superintendent is in immediate charge of the track on which the accident
			 occurs. Each carrier concerned in such an accident should report the damage to
			 its equipment and other items of expense as provided in the report blank and
			 state (estimating, if unknown) the amount of damage sustained by the other
			 carriers involved, the names of which should be respectively indicated before
			 the items of damage.
(6) If a
			 reportable accident, though occurring on jointly used track, involves only the
			 equipment and employees of the carrier whose superintendent is in immediate
			 charge of such track, the accident need be reported only by the carrier
			 concerned.
(7) Where two or more
			 reporting carriers' trains are involved, each carrier should report casualties
			 to its passengers, employees, and other persons on its train. Casualties to
			 classes of persons not here mentioned should be appropriately reported by the
			 carrier concerned.
(8) Accidents
			 occurring on terminal or other tracks used jointly or in common by two or more
			 reporting carriers involving employees on duty should be reported by the
			 several carriers concerned. Casualties to other persons should be reported by
			 the carrier whose equipment is involved.
Stat. Auth.: ORS 823 & ORS 824
Stats. Implemented: ORS
				  823.027
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 600 - ACCIDENT NOTICES AND REPORTS › Section 741-600-0050 - Overhead/Side Obstructions

Current through Register Vol. 63, No. 7, July 1, 2024
Railroads shall report in writing all accidents involving
				contact with overhead obstructions which are less than the minimum applicable
				standard or obstructions at side of track which are less than the minimum
				applicable standard. The written report shall:
(1) List the vertical or horizontal clearance
			 from the center of the track;
(2)
			 Mention whether warning devices are present; and
(3) Contain a brief description of the
			 weather conditions existing at the time of the accident.
Stat. Auth.: ORS 823 & ORS 824
Stats. Implemented: ORS
				  823.027
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 700 - UNIFORM SYSTEM OF ACCOUNTS FOR RAILROADS › Section 741-700-0010 - Uniform System of Accounts for Railroads

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Uniform System of Accounts for
			 Railroads adopted by the Surface Transportation Board effective January 1,
			 1985, for Class I carriers and January 1, 1979, for all other carriers shall be
			 utilized by all railroads except Express Companies and Pullman Car Companies,
			 operating within the State of Oregon.
(2) The Uniform System of Accounts for
			 Railroads shall be followed by all railroads in rendering Annual Reports to the
			 Oregon Department of Transportation.
(3) Every railroad shall in addition keep
			 accurate books, accounts and records showing as follows:
(a) Movements of traffic within Oregon
			 (excluding traffic neither originating nor terminating within Oregon) detailed
			 by commodity group and class of traffic as defined and separated by the
			 Quarterly Commodity Statistics (QCS) filed with the Surface Transportation
			 Board (carloads, tons and revenue) with the Department:
(A) Revenue freight originating and
			 terminating within Oregon;
(B)
			 Other revenue freight originating within Oregon;
(C) Other revenue freight terminating within
			 Oregon;
(D) Class I carriers
			 alternatively may report on Schedule SC-941 movements of traffic within Oregon
			 by commodity group and commodity class (carloads and tons):
(i) Revenue freight originating on
			 respondent's road within Oregon;
(ii) All other revenue freight carried within
			 Oregon;
(iii) Total revenue freight
			 terminating on respondent's road within Oregon;
(iv) Total revenue freight carried within
			 Oregon.
NOTE:
Carriers may omit detailed statistics on
				movements in paragraphs (ii) and (iv) of this subsection when such data is not
				available; provided, however, that this waiver shall not affect the requirement
				that all interstate and intrastate revenues be reported to the Department for
				the purpose of determining the Department's annual fee as provided in ORS
				824.010.
(E) Other than Class I carriers may
			 alternatively report the summary carload information of revenue line haul
			 movements: interline received traffic; interline forwarded traffic; and local
			 traffic.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 700 - UNIFORM SYSTEM OF ACCOUNTS FOR RAILROADS › Section 741-700-0020 - Class I Railroads and Subsidiary Railroad(s) Operating in Oregon

Current through Register Vol. 63, No. 7, July 1, 2024
Annual reports will be submitted on the most current forms
				approved by the Department. Reports shall include:
(1) The Surface Transportation Board
			 prescribed wage statistics Forms A and B;
(2) Freight Commodity Statistics;
			 and
(3) Annual report including
			 state supplemental pages. Reports for each data based year shall be filed on or
			 before May 1 of the next year unless additional time is granted.
Stat. Auth.: ORS 823 & ORS 824
Stats. Implemented: ORS
				  824.030
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 700 - UNIFORM SYSTEM OF ACCOUNTS FOR RAILROADS › Section 741-700-0030 - Other Than Class I Railroads

Current through Register Vol. 63, No. 7, July 1, 2024
Annual reports will be submitted on the most current form
				approved by the Department. Reportings are to be minimal so as to create no
				undue burden on the railroads yet provide information necessary to carry out
				the duties of the Department.
Stat. Auth.: ORS 823 & ORS 824
Stats. Implemented: ORS
				  824.030
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 710 - RAILROAD REGULATORY FEE METHODOLOGY FOR COMPUTING THE REGULATORY RAIL FEE › Section 741-710-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Gross
			 Operating Revenues". The definitions of "gross operating revenues" for the
			 purpose of collecting the Railroad Regulatory Fee from all railroads are set
			 forth below:
(a) Freight Transportation.
			 "Gross operating revenues" for transportation of freight include the railroad's
			 division of total charges collected for shipments by railroad, apportioned on a
			 mileage basis for the portion of the transportation performed by the railroad
			 in this state. They also include demurrage, switching charges, and all
			 accessorial charges for services performed in this state in connection with
			 transportation of freight by railroad. They include lawful tariff rates,
			 charges on exempt traffic and charges under contract agreements;
(b) Passenger Transportation. "Gross
			 operating revenues" for transportation of persons by railroad include total
			 charges collected for transportation of persons by railroad, allocated on a
			 mileage basis for the portion of the transportation performed in this state.
			 They also include all charges for on-train services such as sales of food,
			 beverages, and other products made in this state.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 710 - RAILROAD REGULATORY FEE METHODOLOGY FOR COMPUTING THE REGULATORY RAIL FEE › Section 741-710-0020 - Determination of Fee Components

Current through Register Vol. 63, No. 7, July 1, 2024
Each component of the Railroad Regulatory Fee computation for
				Class I railroads, as set forth in ORS
				824.010, shall be determined as
				follows:
(1) Railroad-Highway
			 Crossings: A railroad-highway crossing shall be assigned to the railroad
			 responsible for performing maintenance of the portion lying within the track
			 area at the crossing.
(2) Track
			 Miles: Each railroad's track miles are defined in OAR
			 741-710-0010(3).
(3) Gross
			 Operating Revenues: Each railroad's gross operating revenues are defined in OAR
			 741-710-0010(1).
Stat. Auth.: ORS
				  183.335 & ORS 824
Stats. Implemented: ORS
				  824.010
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 710 - RAILROAD REGULATORY FEE METHODOLOGY FOR COMPUTING THE REGULATORY RAIL FEE › Section 741-710-0030 - Responsibilities of Department

Current through Register Vol. 63, No. 7, July 1, 2024
On or before January 21 of each year, the Department of
				Transportation shall provide the following information to each Class I
				railroad:
(1) Railroad-Highway
			 Crossing Information. An itemized listing of each railroad's crossings from the
			 Department's records as of December 31 of the preceding year.
(2) Track Miles Information. A statement of
			 the railroad's total track miles as of December 31 of the preceding
			 year.
Stat. Auth.: ORS
				  183.335 & ORS 824
Stats. Implemented: ORS
				  824.010
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 710 - RAILROAD REGULATORY FEE METHODOLOGY FOR COMPUTING THE REGULATORY RAIL FEE › Section 741-710-0040 - Responsibilities of Class I Railroads

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Reconciliation of Data Furnished by the
			 Department. On or before February 15 of each year, each railroad shall provide
			 a written submission to the Department reconciling any differences with the
			 information provided by the Department under OAR 741-710-0030. If a railroad
			 fails to provide a written submission, the Department shall use its own
			 information to determine the apportionment factors in computing the Regulatory
			 Rail Fee assessment for the railroad.
(2) Gross Operating Revenues. On or before
			 March 15 of each year, each railroad shall provide the Department a written
			 submission showing its total gross operating revenues as defined in OAR
			 741-710-0010(1).
Stat. Auth.: ORS
				  183.335 & ORS 824
Stats. Implemented: ORS
				  824.010
Oregon Administrative Rules › Chapter 750 - STATE BOARD OF TOWING › Division 1 - MODEL RULES OF PROCEDURE › Section 750-001-0001 - Uniform and Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The State Board of Towing adopts the Attorney General's Uniform and Model
										Rules of Procedure under ORS 183.341
These rules will be controlling except as otherwise required by law or
										rule.
Statutory/Other Authority: ORS 183.341, ORS 822.265
Statutes/Other Implemented: ORS 183.341, ORS
											  822.265
Oregon Administrative Rules › Chapter 750 - STATE BOARD OF TOWING › Division 1 - MODEL RULES OF PROCEDURE › Section 750-001-0010 - Notice of Proposed Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to the adoption, amendment, or repeal of an administrative rule
								 under OAR Chapter 750, the State Board of Towing will give notice of its intended action:
(a) By publishing in the Secretary of State's bulletin referred to in ORS
								 183.360 at least 21 calendar days prior to the effective date of the Proposed Rule; and
(b) By publishing on the Board's website at least 21 calendar days prior to
								 the effective date of the Proposed Rule; and
(c) By distributing
								 a copy of the Notice by electronic mail to persons on the Board's mailing list established under ORS 183.335 at least 28 calendar days prior to the effective date; and
(d) By
								 furnishing a copy of the Notice by regular mail to all persons requesting written notice from the Board,
								 postmarked at least 28 calendar days prior to the effective date of the Proposed Rule; and
(e) Delivered by electronic mail, at least 49 days before the effective
								 date, to the persons specified in subsection (15) of ORS 183.335; and
(f) By distributing an electronic copy of the Notice to the following
								 agencies, organizations, or publications:
(A) Oregon Dept. of
								 Transportation.
(B) ODOT Driver and Motor Vehicles, Program
								 Services.
(C) ODOT Driver and Motor Vehicles, Vehicle
								 Services.
(D) Oregon Tow Truck Association.
(E) Individually to each of the 36 County Sheriff Departments in
								 Oregon.
(F) Individually to the City and Community Police
								 Departments in Oregon.
(G) Other organizations, agencies or
								 publications known to the Board that may have a direct interest in the administrative rule.
Oregon Administrative Rules › Chapter 750 - STATE BOARD OF TOWING › Division 1 - MODEL RULES OF PROCEDURE › Section 750-001-0030 - Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
The State Board of Towing adopts the Attorney General's Model Rules of
										Procedure for contested cases under ORS 183.413 through 183.502. These rules will be controlling except as
										otherwise required by law or rule.
Statutory/Other Authority: ORS 822.265, ORS 183.413
Statutes/Other Implemented: ORS 822.265, ORS
											  183.413
Oregon Administrative Rules › Chapter 750 - STATE BOARD OF TOWING › Division 1 - MODEL RULES OF PROCEDURE › Section 750-001-0040 - Authorization for Agency Representative

Current through Register Vol. 63, No. 7, July 1, 2024
The State Board of Towing adopts the Attorney General's Model Rules of
										Procedure to authorize the appearance of Board's representative at contested hearings pursuant to ORS
										183.452.
Statutory/Other Authority: ORS 183.452, ORS 822.265
Statutes/Other Implemented: ORS 183.452, ORS
											  822.265
Oregon Administrative Rules › Chapter 750 - STATE BOARD OF TOWING › Division 1 - MODEL RULES OF PROCEDURE › Section 750-001-0050 - Civil Penalty Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
The State Board of Towing adopts the Attorney General's Model Rules of
										Procedure for civil penalties and related procedures and processes under ORS 183.745. These rules will be
										controlling except as otherwise required by law or rule.
Statutory/Other Authority: ORS 183.745, ORS 822.995
Statutes/Other Implemented: ORS 183.745, ORS
											  822.995
Oregon Administrative Rules › Chapter 750 - STATE BOARD OF TOWING › Division 10 - GENERAL ADMINISTRATIVE AND OPERATIONAL RULES › Section 750-010-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR Chapter 750:
(1)
								 "Administrator" means the Board Administrative Officer appointed under ORS 822.260.
(2) "Board", "SBOT", Tow Board", or "Towing Board" means the State Board of
								 Towing.
(3) "Compensation" means something given or received as
								 payment including, but not limited to bartering, tips, monies, trades, donations, or services.
(4) "DMV" means the Oregon Department of Transportation, Driver and Motor
								 Vehicle Services.
(5) "Industry" means the collective tow
								 operators, tow businesses, and other entities working in the tow and recovery professions.
(6) "Law" means a written statute passed by the Oregon
								 Legislature.
(7) "Non Preference Towing" means the rotational
								 list of towing businesses established by Oregon State Police under ORS 181A.350.
(8) "OAR" means an Oregon Administrative Rule adopted by the Board and
								 filed with the Oregon Secretary of State.
(9) "ODOT" means Oregon
								 Dept. of Transportation.
(10) "ORS" mean Oregon Revised Statute,
								 written laws passed by the Oregon Legislature.
(11) "OSP" means
								 Oregon State Police.
(12) "Respondent" means the person or entity
								 to whom a formal enforcement action is issued.
(13) "Special
								 Committee" or "Subcommittee" means a standing, special, ad hoc, or other committee comprised of no more than
								 three Board Members created to assist with the work of the Board as assigned.
(14) "Tower" or "Tow Operator" means an individual who operates a tow or
								 recovery vehicle for compensation, which may include, but is not limited to, the impounding, transporting, or
								 storage of unauthorized vehicles, or the disposal of abandoned vehicles.
(15) "Towing Business" means an individual, partnership, corporation, or
								 other business entity that owns or operates a tow or recovery vehicle for commercial purposes.
(16) "Tow Certificate" or "Towing Business Certificate" means a towing or
								 recovery vehicle business certificate issued by DMV under ORS 822.205.
(17) "Tow Truck" means a motor vehicle operated for compensation equipped
								 with equipment designed and intended for towing or the recovery of wrecked, disabled, or abandoned vehicles
								 or other objects creating a hazard on the public roadways. If a tow operator, or tow truck owner business,
								 profits, benefits, or is compensated for operation of the vehicle in towing or recovery, the vehicle must be
								 considered a tow truck under OAR Chapter 750.
Statutory/Other Authority: ORS 822.265, ORS 822.260
Statutes/Other Implemented: ORS 822.265, ORS
											  822.260
Oregon Administrative Rules › Chapter 750 - STATE BOARD OF TOWING › Division 10 - GENERAL ADMINISTRATIVE AND OPERATIONAL RULES › Section 750-010-0010 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
								 State Board of Towing will impose a fee of $100 on any person or entity holding or applying for a tow or
								 recovery vehicle business certificate in the State of Oregon, pursuant to ORS 822.285 (3). The fee:
(a) Will be collected during the application process for issuance or
								 renewal of a tow business certificate as described in ORS 822.200 to 822.215 and OAR 735-154-0010.
(b) Fees paid to the Board under this section does not preclude the
								 certification requirements under ORS 822.205.
Oregon Administrative Rules › Chapter 750 - STATE BOARD OF TOWING › Division 10 - GENERAL ADMINISTRATIVE AND OPERATIONAL RULES › Section 750-010-0030 - Fiscal

Current through Register Vol. 63, No. 7, July 1, 2024
The State Board of Towing fiscal year will be a twelve-month period beginning
										July 1 of one year and ending June 30 of the following year.
Statutory/Other Authority: ORS 822.265
Statutes/Other Implemented: ORS
											  822.265
Oregon Administrative Rules › Chapter 750 - STATE BOARD OF TOWING › Division 10 - GENERAL ADMINISTRATIVE AND OPERATIONAL RULES › Section 750-010-0040 - Contracts and Procurement

Current through Register Vol. 63, No. 7, July 1, 2024
The State Board of Towing may contract for services when:
(1) The specialized skills, knowledge, and resources are not available
								 within the Board or its staff;
(2) The work cannot be done in a
								 reasonable time with the Board's own workforce;
(3) An
								 independent and impartial evaluation of a situation is required by a consultant with recognized professional
								 expertise and stature in a field; or
(4) Cost and expenses
								 incurred by the Board will be reduced under a contract for the work.
Statutory/Other Authority: ORS 822.265
Statutes/Other Implemented: ORS
											  822.265
Oregon Administrative Rules › Chapter 750 - STATE BOARD OF TOWING › Division 10 - GENERAL ADMINISTRATIVE AND OPERATIONAL RULES › Section 750-010-0050 - Board Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State Board of Towing will hold regular public Board Meetings at
								 least once every fiscal quarter.
(2) Regularly scheduled Public
								 Board Meetings will be noticed to the public a minimum of ten (10) calendar days before the scheduled date of
								 the meeting by:
(a) Posting on the Board website; and
(b) Posting on the Public Calendar of the Oregon Transparency website;
								 and
(c) Distributing a copy of the Notice by electronic mail to
								 persons on the Board's mailing list
Oregon Administrative Rules › Chapter 750 - STATE BOARD OF TOWING › Division 10 - GENERAL ADMINISTRATIVE AND OPERATIONAL RULES › Section 750-010-0060 - Annual Business Work Session

Current through Register Vol. 63, No. 7, July 1, 2024
The State Board of Towing will hold an annual business meeting and work
										session every fiscal year.
Statutory/Other Authority: ORS 822.265
Statutes/Other Implemented: ORS
											  822.265
Oregon Administrative Rules › Chapter 750 - STATE BOARD OF TOWING › Division 10 - GENERAL ADMINISTRATIVE AND OPERATIONAL RULES › Section 750-010-0080 - Board Member Assignments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) State Board of Towing members may be assigned, individually or as a
								 committee, to a task or project by volunteering or by Board vote or consensus during a public
								 meeting.
(2) No more than three (3) active Board Members will be
								 assigned to any one committee.
(3) The authority of the Board
								 Member Assignments is limited to research, evaluation, or information gathering for presentation and
								 recommendation to the Board unless otherwise approved by the Board.
Statutory/Other Authority: ORS 822.265
Statutes/Other Implemented: ORS
											  822.265
Oregon Administrative Rules › Chapter 750 - STATE BOARD OF TOWING › Division 10 - GENERAL ADMINISTRATIVE AND OPERATIONAL RULES › Section 750-010-0090 - Board Committees and Subcommittees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Special Committees and Subcommittees may be created by the State Board
								 of Towing to research, study, or evaluate various aspects of policy, programs, or projects for the purpose of
								 recommendation of courses of action to the Board.
(2) A Committee
								 created by the Board may exist as long as there remains concern or interest for the assigned area of
								 interest, until the conclusion of the committee assignment, or until disbanded by the Board.
(3) Committees will consist of three (3) or more members, including one (1)
								 Board member or Board staff assigned as the Board's representative and liaison, except as required by ORS
								 183.333 (8).
Statutory/Other Authority: ORS 822.265
Statutes/Other Implemented: ORS
											  822.265
Oregon Administrative Rules › Chapter 750 - STATE BOARD OF TOWING › Division 10 - GENERAL ADMINISTRATIVE AND OPERATIONAL RULES › Section 750-010-0100 - Board Staff

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
								 State Board of Towing will appoint an Administrative Officer, approved by the Governor of the State of
								 Oregon, to serve as the Administrator of the Board.
(2) The
								 Administrator is responsible for the general administration and implementation of the Board's affairs in
								 accordance with the general policies established by Oregon laws, Administrative Rules, and the Board's
								 policies and direction.
(3) A formal performance review of the
								 Administrator will be conducted at the Board's annual meeting and work session.
(4) The Administrator will have signature authority for notices of proposed
								 actions, final orders, other disciplinary actions, subpoenas, and other signature authority as delegated by
								 the Board.
Statutory/Other Authority: ORS 822.260, ORS 822.265
Statutes/Other Implemented: ORS 822.260, ORS
											  822.265
Oregon Administrative Rules › Chapter 750 - STATE BOARD OF TOWING › Division 10 - GENERAL ADMINISTRATIVE AND OPERATIONAL RULES › Section 750-010-0110 - Public Records Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Anyone may submit a written request for disclosure of a public record
								 for which the State Board of Towing is the custodian
(2) A
								 request for public records must include:
(a) The name, mailing address,
								 email address, and telephone number, if any, of the requestor;
(b) A sufficiently detailed description of the record(s) requested,
								 including the identification, description, type, and format of the public record, if known to the requestor;
								 and
(c) The signature of the requestor and date of
								 request.
Oregon Administrative Rules › Chapter 750 - STATE BOARD OF TOWING › Division 10 - GENERAL ADMINISTRATIVE AND OPERATIONAL RULES › Section 750-010-0120 - Severability

Current through Register Vol. 63, No. 7, July 1, 2024
These rules are severable. If any rule under OAR Chapter 750, or part thereof
										or the application of such rule to any person or circumstance is declared invalid, that invalidity will not
										affect the validity of any remaining portion of the rules of the State Board of Towing under OAR Chapter
										750.
Statutory/Other Authority: ORS 822.265
Statutes/Other Implemented: ORS
											  822.265