Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 320 - STANDARD WALKWAYS › Section 741-320-0010 - Applicability of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as provided in section (2) of this rule, the walkway rules shall apply
			 to each railroad owning and capitalizing railroad trackage, and each person or
			 unit of government owning, leasing or holding a salvage interest in railroad
			 trackage.
(2) OAR 741-320-0060(4)
 
			 shall apply to those occupying property adjacent to railroad trackage, in
			 addition to those entities or persons set forth in section (1) of this
			 rule.
(3) The Department may order
			 walkways conforming to OAR 741-320-0080  be constructed and maintained along one
			 or both sides of any railroad track, structure, or railway tunnel where not
			 otherwise required by these rules, only after notice to the affected railroad
			 and hearing (in case of dispute).
(4) Except as approved by the Department, no
			 railroad track or structure shall be placed in service until walkways have been
			 provided that are in compliance with the applicable standard and notice is
			 given to the Department.
(5) Other
			 than for routine maintenance, any structure altered or rebuilt shall be
			 equipped with a walkway on at least one side conforming to standards set forth
			 in OAR 741-320-0130.
(6) A railroad
			 operating on its own or another railroad's property shall comply with all the
			 rules contained in chapter 741, divisions 300 through 335, and any order issued
			 by the Department or any predecessor agency, for that portion of the railroad
			 facility upon which it is operating.
(7) These rules do not apply:
(a) During periods of new track construction,
			 maintenance, repair, renewal, reconstruction, or alteration of a right-of-way,
			 track, or structure, where obstruction or removal of a walkway is unavoidable,
			 provided affected railroad personnel are given prior written notice and
			 provided walkways are returned to standard upon completion of the work. Unless
			 authorized by the Department, non-standard walkways shall not exist for a
			 period exceeding 30 days, unless all reasonable efforts are being made to
			 complete the work as soon as is possible;
(b) During periods of heavy rain or snow,
			 derailments, rock and earth slides, washouts, and like unforeseen conditions,
			 including a reasonable time to permit necessary restorations.
(c) During periods of new construction of
			 industry tracks, not to exceed 15 calendar days from date of first use without
			 written consent of the Department, provided written notice is given to all
			 affected railroad employees and to the Department; or
(d) At locations where the Department or the
			 Public Utility Commission has authorized an impairment of standard clearance
			 for a permanent obstruction, which has been placed or constructed alongside a
			 track in such a location as to block the walkway partially or to prevent
			 construction of the applicable standard walkway, the available space between
			 the impairing obstruction and the track shall meet the applicable walkway
			 standard in every respect except as prevented by the impairment.