reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 65 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING › Section 741-065-0100 - Hours of Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each RTA shall establish, implement and enforce an hours-of-service policy for
			 its safety sensitive employees. The policy and any subsequent changes must be
			 reviewed and approved by the SSOA.
(2) The policy must prohibit a safety
			 sensitive employee from:
(a) Performing work
			 in excess of the daily maximum hours allowed;
(b) Remaining on duty in excess of the daily
			 maximum hours on duty;
(c)
			 Performing work in excess of the maximum hours of cumulative on-duty time
			 permitted during a calendar month;
(d) Performing work in excess of the maximum
			 consecutive days without a rest day; or
(e) Going on duty until the employee has had
			 the minimum required number of consecutive hours off.
(f) The policy must contain a process
			 governing the declaration, administration and notification of the SSOA related
			 to a temporary waiving of the hours of service limitations under certain
			 situations. When a situation requiring the extended service of a safety
			 sensitive employee occurs which is both unforeseeable and beyond the control of
			 the RTA, the employee may be on duty in excess of the allotted hours. These
			 situations are limited to severe winter storms, public emergencies like an
			 earthquake or fire, and accidents or security breaches beyond the control of
			 the RTA. During situations in which hours of service are temporarily waived,
			 extended service of safety sensitive employees must be limited to the extent
			 practical and monitored by the RTA.
(g) In the event of comingled service the
			 safety sensitive employee shall be subject to the most restrictive RTA
			 hours-of-service policy based upon the safety sensitive function(s) being
			 performed.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 65 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING › Section 741-065-0101 - Emergency Suspension of Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The SSOA inspector may issue a Notice of
			 Emergency Suspension of Service to an RTA in the event the inspector becomes
			 aware of a situation or condition that could result in serious injury or
			 death.
(2) In the event of a
			 determination by the inspector that an emergency suspension of revenue service
			 is necessary, the following protocols will be followed:
(a) Before a Notice of Emergency Suspension
			 of Service is issued, the inspector will prepare a recommendation to the
			 Manager of Rail Safety of the Commerce and Compliance Division of ODOT
			 concerning the issuance of a Special Notice directing the RTA to cease revenue
			 service on a particular transit vehicle or line, or system-wide.
(b) The inspector will provide notice, in the
			 form of a written order, to the RTA's General Manager and to other RTA staff as
			 appropriate, ordering the RTA to cease revenue service on a particular transit
			 vehicle or line, or system-wide, and identifying the reason(s) for the
			 demand.
(c) Upon receipt of the
			 Notice, the RTA must immediately suspend its revenue service as directed by the
			 Notice, begin to take steps to remediate the reason for the emergency
			 suspension and inform the inspector of the actions taken to remediate the
			 violation, deficiency, or safety issue.
(d) Upon resolution of the violation,
			 deficiency, or safety issue, the RTA shall provide written notice to the
			 inspector indicating that the violation, deficiency, or safety issue has been
			 resolved and the inspector shall verify the resolution to confirm the
			 violation, deficiency, or safety issue has been adequately resolved.
(e) Upon verification of the RTA's
			 remediation, the inspector will provide written approval authorizing the RTA to
			 resume revenue service. In the alternative, if the inspector finds that the
			 violation, deficiency, or safety issue has not been adequately resolved, the
			 inspector will provide written notice to the RTA indicating that the matter has
			 not been resolved, that the suspension will continue and that additional
			 remediation by the RTA is required.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 65 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING › Section 741-065-0102 - Removal of Equipment from Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the event an inspector determines
			 equipment does not conform to its standards and that it would be unsafe for
			 further service, the inspector will issue a Notice for Repair to the RTA that
			 the equipment is not in serviceable condition. The Notice will describe the
			 defect or defects that cause the equipment to be in an unserviceable condition.
(a) Before such a Notice is issued, the
			 inspector will prepare a recommendation to the Manager of Rail Safety of the
			 Commerce and Compliance Division of ODOT concerning the issuance of a Notice
			 for Repair removing the equipment from service.
(b) The inspector will provide notice, in the
			 form of a written order, to the RTA's General Manager, and to other RTA staff
			 as appropriate, ordering the RTA to remove the equipment from service, and
			 identifying the reason(s) for the demand.
(c) Upon receipt of the Notice, the transit
			 agency must remove the equipment from service until it has been restored to
			 serviceable condition.
(d) Upon
			 restoration of the equipment, the RTA shall provide written notice to the SSOA
			 indicating that the equipment has been restored to serviceable condition, and
			 the SSOA will inspect the equipment to confirm that the equipment is
			 serviceable.
(e) Until repairs to
			 the equipment have been made to the satisfaction of the SSOA to eliminate any
			 imminent safety hazard or other safety condition, the equipment must remain out
			 of service.
(f) Upon approval of
			 the RTA's restoration, SSOA will provide written approval authorizing the RTA
			 to return the equipment to service. In the alternative, if the SSOA finds that
			 the equipment is not ready to return to service, the SSOA will provide written
			 notice to the RTA indicating the matter has not been resolved, that the removal
			 from service condition shall remain, and that additional restoration by the RTA
			 is required.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 65 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING › Section 741-065-0103 - Removal of Track from Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an inspector finds track conditions
			 that require the issuance of a Notice for Repair removing the track from
			 service, the inspector will issue the Notice to the RTA's General Manager. The
			 notice will set out the conditions found by the inspector and specify the
			 location of defects on the affected track segment.
(a) Before a Notice is issued, the inspector
			 will prepare a recommendation to the Manager of Rail Safety of the Commerce and
			 Compliance Division of ODOT, concerning the issuance of a Special Notice for
			 Repair removing the affected track from service.
(b) The inspector will provide notice, in the
			 form of a Notice for Repair, to the RTA's General Manager, and to other RTA
			 staff as appropriate, ordering the RTA to remove the track from service, and
			 identifying the reason(s) for the demand.
(c) Upon receipt of the Notice, the transit
			 agency must remove the affected track from service, until it has been restored
			 to serviceable condition.
(d) Upon
			 completion of repairs, the RTA shall notify SSOA, and the SSOA inspector will
			 inspect the track to verify that appropriate and sufficient repairs have been
			 made to the track.
(e) Until
			 repairs to the track have been made to the satisfaction of the SSOA to
			 eliminate any imminent safety hazard or other safety condition, the track must
			 remain out of service.
(f) Upon
			 approval of the RTA's restoration, SSOA will provide written approval
			 authorizing the RTA to return the track to service. In the alternative, if the
			 SSOA finds that the track is not ready to return to service, the SSOA will
			 provide written notice to the RTA's General Manager indicating the matter has
			 not been resolved, that the removal from service condition shall remain, and
			 that additional restoration by the RTA is required.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 65 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING › Section 741-065-0105 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 addition to all other penalties provided by law, any RTA that violates or who
			 procures, aids or abets in the willful violation of federal statutes or rules,
			 state statutes, OAR 741-065-0010  through 741-065-0110, or any order, rule or
			 decision of the SSOA, or the RTA's own safety plan(s), security plan(s), rules,
			 policies, and standard operating procedures, shall be subject to the imposition
			 of a civil penalty of not more than $1,000 for every such violation, pursuant
			 to ORS
			 824.990.
(2) Civil penalties are applicable to any
			 person, including an RTA manager, supervisor, official, or other employee or
			 agent of the RTA, who fails to comply with the RTA's safety plan(s), security
			 plan(s), rules, policies, and standard operating procedures or state or federal
			 statutes and regulations. However, penalties may be assessed against
			 individuals only for willful violations. Willful violations are those that are:
(a) Intentional, voluntary, and committed
			 with knowledge of the relevant law, or with reckless disregard for whether the
			 act violated the requirements of the law; or
(b) Committed with reckless disregard for
			 whether the act violated the law. Each such violation will be a separate
			 offense and, in the case of a continuing violation every day's continuance is a
			 separate violation. Every act of commission or omission that aids or abets in
			 the violation is a violation under subsection (1) of this section and subject
			 to the penalty provided in subsection (1) of this section.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 65 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING › Section 741-065-0107 - Individual Liability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Civil penalties are applicable to any person, including an RTA manager,
			 supervisor, official, or other employee or agent of the RTA, who fails to
			 comply with the RTA's safety plan(s), rules, policies, and standard operating
			 procedures or state or federal statutes and regulations. However, penalties may
			 be assessed against individuals only for willful violations. Willful violations
			 are those that are:
(a) Intentional,
			 voluntary, and committed with knowledge of the relevant law, or with reckless
			 disregard for whether the act violated the requirements of the law; or
(b) Committed with reckless
			 disregard for whether the act violated the law.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 65 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING › Section 741-065-0110 - Annual Fee for State Oversight Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On or before July 15 of each year, the
			 SSOA shall provide to operators of RFGPTS that do not receive federal financial
			 assistance authorized by 49 U.S.C. Chapter 53, an estimate of costs for the
			 state oversight program described in OAR 741-065-0010  through 741-065-0110  attributable to that RFGPTS, for the next fiscal year. The estimate will
			 indicate the total excess fees collected, if any, for the prior fiscal
			 year.
(2) By October 15 of each
			 year, or within 90 days of receipt, whichever is later, the RTA shall pay the
			 entire amount, minus the excess fees from the prior fiscal year, or pay the
			 entire amount and request the excess fees be refunded.
Statutory/Other Authority: ORS
				  184.619,
				  192.502,
				  823.011,
				  824.045,
				  824.990,  49 CFR
				  15  &  49 CFR 1520
Statutes/Other Implemented: ORS
				  183.745  & 824.045
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 100 - RAILROAD - HIGHWAY CROSSINGS - GENERAL › Section 741-100-0005 - Jurisdiction of the State

Current through Register Vol. 63, No. 7, July 1, 2024
The jurisdiction of the state for the regulation of
				highway-rail grade crossings includes all roadways open to or to be opened to
				and used by the public, which are equipped with protective devices as required
				under OAR chapter 741, divisions 100 through 200, or by Order of the
				Department. The state's jurisdiction extends a distance equal to the safe
				stopping distance, for the posted or statutory speed, measured back from the
				location of the stop clearance lines at the highway-rail grade crossing.
Tables referenced are not included in rule
				  text.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  824.202,
				  824.220
Stat. Implemented: ORS
				  824.200
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 100 - RAILROAD - HIGHWAY CROSSINGS - GENERAL › Section 741-100-0010 - Measurements

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise specified, measurements used in these rules
				refer to the distance from the centerline of the nearest track or roadway to
				the centerline of the nearest signal mast, post or other
				structure.
Stat. Auth.: ORS
				  184.616, ORS
				  184.619, ORS
				  823.011, ORS
				  824.202, ORS
				  824.220
Stats. Implemented: ORS
				  824.212
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 100 - RAILROAD - HIGHWAY CROSSINGS - GENERAL › Section 741-100-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 741, divisions 100 through 200, the
				following definitions apply:
(1)
			 "Alter" means any change to the roadway or tracks at a crossing that materially
			 affects use of the crossing by railroad equipment, vehicles, or pedestrians.
			 Alterations include, but are not limited to adding or removing tracks; changing
			 the width of the roadway; installing or removing protective devices; creating
			 an additional travel lane; changing the direction of traffic flow; installing
			 curbs, sidewalks, or bicycle facilities; or changing grade, including
			 superelevation, if sufficient to necessitate a change of the grade of the
			 railroad or highway being crossed.
(2) "AASHTO" means the American Association
			 of State Highway and Transportation Officials, 2001, A Policy on Geometric
			 Design of Highways and Streets, Fourth Edition.
(3) "Bicycle facilities" are defined in
			 Section 1A.13 of the Manual on Uniform Traffic Control Devices (MUTCD), see
			 section 13 below.
(4) "Bicycle
			 lane" has the meaning given in Section 1A.13 of the MUTCD.
(5) "Crossing" means the area affecting or
			 affected by the intersection of a highway with a track or tracks of a railroad
			 or a rail fixed guideway system.
(6) "Curb" means standard curb as per Oregon
			 Standard Drawing No. RD700.
(7)
			 "Grade crossing" means a highway-rail grade crossing as defined in Section
			 1A.13 of the MUTCD.
(8)
			 "Guardrail" means a device as depicted in Oregon Standard Drawing No. RD445.
(9) "Highway" has the meaning
			 given that term in ORS
			 824.200(2).
(10) "Illumination" means a system
			 of luminaires arranged in a unique pattern (see Figure 4) to provide direct
			 lighting on the side of railroad equipment occupying a grade crossing during
			 hours of darkness.
(11)
			 "Interconnection" is as defined in Section 1A.13 of the MUTCD.
(a) "Preemption" is as defined in Section
			 1A.13 of the MUTCD. See also Section 4D.27 of the MUTCD.
(b) "Advance Preemption" is as defined in
			 1A.13 of the MUTCD.
(c)
			 "Simultaneous Preemption" is as defined in Section 1A.13 of the MUTCD.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 100 - RAILROAD - HIGHWAY CROSSINGS - GENERAL › Section 741-100-0030 - Adoption of Tables and Figures Related to Railroad-Highway Crossings

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR chapter 741, division 100 through
				division 200, Tables 1 and 2 and Figures 1 through 5 are hereby adopted and
				made a part of these rules.
Tables & Figures referenced are available from the
				  agency.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  824.202,
				  824.220
Stat. Implemented: ORS
				  824.212
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 100 - RAILROAD - HIGHWAY CROSSINGS - GENERAL › Section 741-100-0040 - Display of U.S. DOT Inventory Number

Current through Register Vol. 63, No. 7, July 1, 2024
The U.S. DOT crossing number shall be displayed at all public
				highway-rail crossings.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  824.202,
				  824.220
Stat. Implemented: ORS
				  824.200
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 110 - PROTECTIVE DEVICES AT CROSSINGS › Section 741-110-0010 - Purpose and Scope of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 741-110-0020  through 741-110-0090  and 741-115-0010  through
				741-115-0080  provide uniform standards for the location and type of protective
				devices to be installed and maintained at grade crossings.
Stat. Auth.: ORS
				  184.616, ORS
				  184.619, ORS
				  823.011, ORS
				  824.202, ORS
				  824.220
Stats. Implemented: ORS
				  824.220
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 110 - PROTECTIVE DEVICES AT CROSSINGS › Section 741-110-0020 - Application of Rules to Existing Protective Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Protective devices installed on or after
			 the effective date of these rules shall comply with these rules.
(2) Except as required by OAR
			 741-110-0050(2), protective devices installed at grade crossings are deemed to
			 be in compliance with the rules and regulations of the Department, if the
			 installations were performed in accordance with the rules in effect at the time
			 of their installation.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  824.202 &
				  824.220
Stats. Implemented: ORS
				  824.202
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 110 - PROTECTIVE DEVICES AT CROSSINGS › Section 741-110-0030 - Standard Protective Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The devices listed in the MUTCD and the
			 devices listed in Sections (2), (3), (4), (5), (6), and (7) of this rule are
			 "standard protective devices."
(2)
			 Passive Devices:
(a) Railroad STOP Sign
			 Figure 1 is a fixed rectangular sign that shall bear the word "STOP" in white
			 reflective letters on red reflective material.
(b) Stop Clearance Line is a stop line as
			 defined in Section 1A.13 of the MUTCD, which is 24 inches wide.
(c) "Illumination" (Figure 4) is a system of
			 luminaires arranged in a unique pattern to provide direct lighting on the side
			 of railroad equipment occupying a grade crossing during hours of darkness.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 110 - PROTECTIVE DEVICES AT CROSSINGS › Section 741-110-0040 - Location of Protective Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Standard Protective Devices shall be
			 located as set forth in Part 8 of the MUTCD.
(2) Railroad STOP signs (Figure 1) shall be
			 located adjacent to the track on which the stopping requirement applies not
			 closer than six feet nor further than 25 feet from the nearest edge of the
			 roadway.
(3) The stop clearance
			 line described in OAR 741-110-0030(2)(b)  shall be located in accordance with
			 the MUTCD as adopted by OAR 734-020-0005.
(4) Grade Crossing Advance warning signs and
			 grade crossing pavement markings shall be located in accordance with the MUTCD
			 as adopted by OAR 734-020-0005.
(5) STOP AHEAD (W3-1 or W3-1a) signs, YIELD
			 AHEAD (W3-2 or W3-2a) signs and train-activated advance warning signals shall
			 be located not less than 100 feet in advance of the advance warning sign. See
			 Figure 3.
(6) Guardrails shall be
			 located so that the face of the guardrail, at a point perpendicular to the
			 roadway centerline, shall coincide with the outside edge of the roadway. No
			 part of the guardrail shall be closer than 10 feet from the centerline of the
			 nearest track.
(7) Curb shall be
			 located on the outside edge of the roadway. Curb shall commence not less than
			 10 feet from centerline of nearest track and must extend 50 feet in advance of
			 the automatic protective device.
(8) Illumination Devices. The system of
			 luminaires shall be located at the grade crossing, as determined by field
			 conditions, to light the side of the train during hours of darkness. See Figure
			 4.
(9) Overhead Mounting of Signs
			 and Signals. At the option of the public authority, or by Order of the
			 Department, authorized signs and signals may be installed directly over a lane
			 of traffic on the roadway.
Figures referenced are available from the
				  agency.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  824.202 &
				  824.220
Stats. Implemented: ORS
				  824.220
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 110 - PROTECTIVE DEVICES AT CROSSINGS › Section 741-110-0050 - Authority Required for Installation, Removal or Change of Protective Devices/Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
No protective device shall be installed, removed or substituted
				for any other device, without prior authorization by Order of the Department,
				except:
(1) Additional flashing light
			 units may be installed on existing installations of Flashing-light signals and
			 Cantilevered Flashing-light signals by the railroad.
(2) Worn out or destroyed protective devices
			 may be replaced by a similar device; however, the replacement shall comply with
			 the MUTCD as adopted by OAR 734-020-0005.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  824.202 &
				  824.220
Stats. Implemented: ORS
				  824.202
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 110 - PROTECTIVE DEVICES AT CROSSINGS › Section 741-110-0060 - Required Installation of Specified Protective Devices

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise ordered by the Department, the following
				protective devices shall be installed at the grade crossings described below.
(1) One railroad STOP sign shall be
			 installed, where physical circumstances permit, on each track approach to each
			 crossing equipped with Flashing-light signals, Cantilevered Flashing-light
			 signals, Pedestrian Flashing-light signals, and automatic gates when the
			 minimum signal activation requirement of OAR 741 110-0070(1) cannot be met.
(2) Two Number of Tracks (R15-2P)
			 plaques shall be installed at each grade crossing consisting of two or more
			 tracks.
(3) Stop Clearance Lines.
			 One stop clearance line shall be installed on each paved roadway approach lane
			 at each grade crossing.
(4) Grade
			 Crossing Advance Warning Signs. Appropriate grade crossing advance warning
			 signs shall be installed on each roadway approach to each grade crossing.
(5) Grade Crossing Pavement
			 Markings. Grade crossing pavement markings shall be installed on each paved
			 vehicle approach lane to each grade crossing.
(6) Guardrail or Curb. Guardrail or curb, as
			 appropriate, shall be installed at each crossing equipped with active
			 protective devices.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  824.202 &
				  824.220
Stats. Implemented: ORS
				  824.202
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 110 - PROTECTIVE DEVICES AT CROSSINGS › Section 741-110-0070 - Operation of Active Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Activation of Devices. Unless otherwise
			 ordered by the Department, Flashing-light signals, Cantilevered Flashing-light
			 signals, Pedestrian Flashing-light signals, and automatic gates shall be
			 activated by approaching trains through control circuitry in such a manner as
			 will provide a warning through continuous signal operation for a period of not
			 less than 20 seconds nor more than 40 seconds before the arrival of a train
			 traveling at the highest speed permissible over that particular track.
			 Prolonged signal operation shall be avoided by reasonable operating and
			 engineering practices.
(2)
			 Cessation of Operation. The warning aspect of Flashing-light signals,
			 Cantilevered Flashing-light signals, Pedestrian Flashing-light signals, and
			 automatic gates shall cease operation immediately after the passage of the
			 train over the roadway unless approach circuits on adjacent tracks are occupied
			 by an oncoming train.
(3) Advance
			 Preemption or other appropriate methods shall be used to provide a pedestrian
			 clear-out interval (PCOI) before the vehicle clear-out interval (VCOI).
(a) When a VCOI is required, the indication
			 for the track clearance phases shall be GREEN.
(b) The road authority may submit an
			 engineering study to the State Traffic Engineer to request a deviation from the
			 standards. The State Traffic Engineer, together with the ODOT Rail and Public
			 Transit Division, Crossing Safety Section Manager, may authorize a signalized
			 intersection operation consistent with the findings of the study.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 110 - PROTECTIVE DEVICES AT CROSSINGS › Section 741-110-0080 - Observance of Railroad Stop Signs

Current through Register Vol. 63, No. 7, July 1, 2024
When Railroad STOP signs are installed, traffic on the railroad
				shall stop prior to entering the roadway and proceed when safe to do so, but
				not before automatic gate arms have fully lowered, or (in the case of a
				highway-rail grade crossing not equipped with automatic gates) not before
				active protective devices, if any, at the crossing have been fully activated
				for a period of not less than 20 seconds.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  824.202,
				  824.220
Stats Implemented: ORS
				  824.202
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 110 - PROTECTIVE DEVICES AT CROSSINGS › Section 741-110-0090 - Maintenance and Replacement of Protective Devices

Current through Register Vol. 63, No. 7, July 1, 2024
Protective devices installed at grade crossings shall be
				maintained in satisfactory condition, location and in proper alignment. Signs
				shall be legible at all times. Signal lenses shall be visible as required in
				OAR 741 110 0030(3)(e). After notification of damage, destruction, failure or
				malfunction of a protective device, the party responsible for its maintenance
				shall promptly replace or repair the device, and adequately protect the
				crossing in the interim.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  824.202 &
				  824.220
Stats. Implemented: ORS
				  824.204 &
				  824.206
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 115 - ALLOCATION OF MONIES TO DEFRAY COSTS OF MAINTAINING ACTIVE PROTECTIVE DEVICES AT RAILROAD-HIGHWAY CROSSINGS › Section 741-115-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Signal
			 Maintenance Units (SMU) are defined in the
American Railway Engineering
			 and Maintenance of Way Association Communication
and
Signals
			 Manual (2000 Edition)
.
(2)
			 "Active Protective Devices" mean any devices described in OAR 741-110-0030(3)
 
			 or vehicle traffic signals.
(3)
			 "Eligible Railroad" means a railroad as defined in ORS
			 824.020, which bears the costs
			 of maintaining one or more active protective devices at highway-rail grade
			 crossings and which is entitled, under ORS
			 824.018, to partial
			 reimbursement for those costs. Public transit districts are not eligible for
			 such reimbursement.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  824.202 &
				  824.220
Stats. Implemented: ORS
				  824.018
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 115 - ALLOCATION OF MONIES TO DEFRAY COSTS OF MAINTAINING ACTIVE PROTECTIVE DEVICES AT RAILROAD-HIGHWAY CROSSINGS › Section 741-115-0020 - Procedure for Allocation of Monies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Apportionment Factors to allocate funds
			 from the Grade Crossing Protection Account to defray the costs of maintaining
			 active protective devices at highway-rail grade crossings, pursuant to ORS
			 824.018, shall be apportioned
			 based on SMU units. The calculation for reimbursement to each eligible railroad
			 shall be apportioned based upon total SMU units maintained by the railroad
			 divided by the total SMU units reported for all railroads that maintain active
			 protective devices at highway-rail grade crossings in the state.
(2) Reimbursement Procedure. On or before
			 January 31 of each year, the Department shall determine the unit counts, as
			 defined in section (1) of this rule, at highway-rail grade crossings equipped
			 with active protective devices. The Department shall, based on those units,
			 apportion funds from the Grade Crossing Protection Account to partially
			 reimburse eligible railroads for expenses incurred in the preceding year to
			 maintain the devices at those crossings. The amount distributed shall equal
			 $100,000.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  824.202 &
				  824.220
Stats. Implemented: ORS
				  824.018
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 115 - ALLOCATION OF MONIES TO DEFRAY COSTS OF MAINTAINING ACTIVE PROTECTIVE DEVICES AT RAILROAD-HIGHWAY CROSSINGS › Section 741-115-0030 - Responsibility for Installation and Maintenance of Protective Devices

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise ordered by the Department, or unless the
				parties agree otherwise, the party responsible for the installation and
				maintenance of protective devices at a grade crossing is as set forth in Table
				2. At grade crossings with interconnected vehicle traffic signals, the
				responsibilities are shared between the railroad and the public authority. The
				railroad shall install and maintain the circuitry located on the track and its
				connection to the outside of the railroad signal case. The railroad shall
				provide appropriate electrical contacts to the public authority. The railroad
				shall install and maintain "DO NOT STOP ON TRACKS" (R8-8) signs on Cantilevered
				Flashing light signals pursuant to OAR 741-110-0040(9). The public authority
				shall install and maintain all other signs, signals and circuitry connected to
				the outside of the railroad signal case to assure proper operation of the
				subject device.
Tables referenced are available from the
				  agency.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  824.202,
				  824.220
Stat. Implemented: ORS
				  824.200 &
				  824.212
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 115 - ALLOCATION OF MONIES TO DEFRAY COSTS OF MAINTAINING ACTIVE PROTECTIVE DEVICES AT RAILROAD-HIGHWAY CROSSINGS › Section 741-115-0040 - Special Requirements for Traffic Signal Preemption Control

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each public
			 authority with responsibility for maintaining a vehicle traffic signal system
			 interconnected with active protective devices at an adjacent grade crossing
			 shall:
(a) Install the notice, provided by
			 the Department, in the traffic signal cabinet.
(b) Install a "DO NOT STOP ON TRACKS" (R8-8)
			 sign (see Figure 2) capable of holding three flags.
(c) When the railroad preemption feature
			 fails and cannot be repaired within 30 minutes, install flags on the "DO NOT
			 STOP ON TRACKS" (R8-8) signs (see Figure 2) and/or provide manual flag
			 protection alerting motorists of the potential hazard.
(d) Remove the flags required in subsection
			 (c) of this section upon completion of repairs to the railroad preemption
			 feature.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 115 - ALLOCATION OF MONIES TO DEFRAY COSTS OF MAINTAINING ACTIVE PROTECTIVE DEVICES AT RAILROAD-HIGHWAY CROSSINGS › Section 741-115-0050 - Experimental Devices

Current through Register Vol. 63, No. 7, July 1, 2024
The Department anticipates new active or passive devices may
				become available as technology advances. Such devices should be field tested on
				a limited basis and evaluated statistically to determine their effectiveness.
				As such devices may be of mutual interest and responsibility, such tests may be
				made jointly by the Department or railroad or the public authority in
				interest.
Stat. Auth.: ORS
				  184.616, ORS
				  184.619, ORS
				  823.011, ORS
				  824.202, ORS
				  824.220
Stats. Implemented: ORS
				  824.202
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 115 - ALLOCATION OF MONIES TO DEFRAY COSTS OF MAINTAINING ACTIVE PROTECTIVE DEVICES AT RAILROAD-HIGHWAY CROSSINGS › Section 741-115-0060 - Stop Signs at Private Crossings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless otherwise ordered by the
			 Department under ORS 824.224, the railroad shall
			 cause to be installed one vehicle stop sign (24-inch minimum) on each side of
			 any private or farm crossing at grade that is not equipped with automatic
			 protective devices.
(2) The
			 railroad shall also cause to be installed an auxiliary sign identifying the
			 crossing as a private crossing by stating the words "PRIVATE CROSSING" in
			 letters at least two inches high. The color of the sign shall be black letters
			 on a white background (see Figure 5). Optional information such as the words
			 "NO TRESPASSING," the name of the railroad from which permission must be
			 secured for use of the crossing and permit number may be included on the
			 auxiliary sign.
Figures referenced are available from the
				  agency.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  824.202 &
				  824.220
Stats. Implemented: ORS
				  824.224
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 115 - ALLOCATION OF MONIES TO DEFRAY COSTS OF MAINTAINING ACTIVE PROTECTIVE DEVICES AT RAILROAD-HIGHWAY CROSSINGS › Section 741-115-0070 - Bicycle Lane and Multi-use Path Construction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Bicycle facilities shall intersect
			 railroad tracks as close to 90 degrees as possible.
(2) Pathway grade crossings or bicycle lanes
			 that have angles of intersection with railroad tracks of 60 to 74 degrees shall
			 have a skewed crossing (W10-12) sign posted on each approach to the crossing.
(3) Pathway grade crossings or
			 bicycle lanes that have angles of intersection with railroad tracks of 59
			 degrees or less shall require an engineering study.
Figures referenced are available from the
				  agency.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  824.202 &
				  824.220
Stats. Implemented: ORS
				  824.212
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 115 - ALLOCATION OF MONIES TO DEFRAY COSTS OF MAINTAINING ACTIVE PROTECTIVE DEVICES AT RAILROAD-HIGHWAY CROSSINGS › Section 741-115-0080 - Vegetation Control at Grade Crossings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The railroad shall control vegetation on
			 its right-of-way for a distance of 250 feet in each direction from the edge of
			 the crossing surface and for a distance of 50 feet in each direction from the
			 centerline of the nearest track or to the edge of the railroad's right-of-way,
			 whichever is less, so that the vegetation does not obstruct motorists' view of
			 approaching trains.
(2) The public
			 authority shall control vegetation on its right-of-way within the SSD and
			 within its right-of-way.
Stat. Auth.: ORS
				  184.616, ORS
				  184.619, ORS
				  823.011, ORS
				  824.202, ORS
				  824.220
Stats. Implemented: ORS
				  824.212
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 120 - MAINTENANCE, CONSTRUCTION AND CLOSURE OF CROSSINGS › Section 741-120-0010 - Responsibility for Maintenance of Grade Crossings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless otherwise ordered by the
			 Department, or unless the parties agree otherwise, the railroad is responsible
			 for maintaining that portion of the crossing lying between lines drawn
			 perpendicular to the end of ties of each track at the crossing.
(2) The public authority is responsible for
			 maintaining the remaining portion of the highway at the crossing.
(3) Additional construction and maintenance
			 costs necessary to comply with OAR 741-120-0020  resulting from a change in
			 elevation of the railroad tracks or a change in elevation of the roadway at the
			 crossing shall be borne by the party initiating the change.
Stat. Auth.: ORS
				  184.616, ORS
				  184.619, ORS
				  823.011, ORS
				  824.202, ORS
				  824.220
Stats. Implemented: ORS
				  824.212
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 120 - MAINTENANCE, CONSTRUCTION AND CLOSURE OF CROSSINGS › Section 741-120-0020 - Grade Crossing Construction and Maintenance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At all new or altered grade crossings
			 used by motor vehicles, bicycles, or pedestrians, the roadway or multi-use path
			 shall be constructed to conform to or exceed nationally recognized and commonly
			 used construction standards.
(2)
			 The width of the crossing surface, including sidewalks, at the crossing shall
			 be not less than the width of the roadway, and sidewalk, approaches to the
			 crossing.
(3) Unless authorized in
			 writing by the Department, the surface of the roadway shall be in the same
			 plane as the top of rails for a distance of at least two feet outside the
			 rails, and not more than three inches higher nor three inches lower than the
			 top of the nearest rail at a point thirty feet from the rail, measured at right
			 angles thereto.
(4) The surface of
			 each grade crossing shall conform to the plane of the top of the rails and be
			 constructed and maintained in a reasonably smooth condition.
(5) The railroad shall notify the public
			 authority at least four weeks in advance of the date it intends to raise or
			 lower the elevation of one or more tracks at the crossing.
(6) The public authority shall notify the
			 railroad at least four weeks in advance of the date it intends to raise or
			 lower the elevation of its roadway on the roadway approach to the crossing. See
			 Section 8A.08 of the MUTCD.
(7)
			 Upon notification by the Department of a condition that does not conform to the
			 requirements of sections (1) through (5) of this rule, the railroad or the
			 public authority, within 30 days of such notification, unless any party
			 requests a hearing, shall bring its portion of the crossing into compliance
			 with the provisions of this rule, unless a time extension is granted in writing
			 by the Department. See OAR 741-120-0010.
(8) The construction of new driveways within
			 100 feet of any railroad track at existing grade crossings requires an
			 application for authority to alter a grade crossing under ORS
			 824.206, except for railroad
			 right-of-way roads.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  824.202,
				  824.220
Stats. Implemented: ORS
				  824.212
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 120 - MAINTENANCE, CONSTRUCTION AND CLOSURE OF CROSSINGS › Section 741-120-0025 - Sidewalk Construction and Maintenance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All new or altered sidewalks at grade
			 crossings shall be constructed to meet minimum standards, but shall be not less
			 than five feet in width.
(2) The
			 surface of a sidewalk shall conform to the plane of the top of the rails, and
			 be constructed and maintained in a reasonably smooth condition.
(3) At crossings equipped with automatic
			 protective devices, sidewalks shall be directed behind the devices at a
			 distance of not less than five feet, as measured from the centerline of the
			 signal mast to the nearest edge of the sidewalk.
(4) Upon written notification by the
			 Department of a condition that does not conform to the requirements of sections
			 (2) through (3) of this rule, the railroad or public authority shall bring its
			 portion of the sidewalk at a grade crossing into compliance with the provisions
			 of this rule, unless a time extension is granted in writing by the Department.
			 The work shall be commenced within 30 days of such notification, unless any
			 party requests a hearing.
Stat. Auth.: ORS
				  184.616, ORS
				  184.619, ORS
				  823.011, ORS
				  824.202, ORS
				  824.220
Stats. Implemented: ORS
				  824.212
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 120 - MAINTENANCE, CONSTRUCTION AND CLOSURE OF CROSSINGS › Section 741-120-0030 - Separated Crossing Construction and Maintenance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All new or altered separated crossing
			 structures shall be constructed to conform to or exceed nationally recognized
			 and commonly used construction standards.
(2) Separated crossing structures, including
			 the roadway surface, shall be maintained in good and safe condition.
Stat. Auth.: ORS
				  184.616, ORS
				  184.619, ORS
				  823.011, ORS
				  824.202, ORS
				  824.220
Stats. Implemented: ORS
				  824.210 & ORS
				  824.212
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 120 - MAINTENANCE, CONSTRUCTION AND CLOSURE OF CROSSINGS › Section 741-120-0040 - Authority for Closure of Crossings and Removal of Tracks at Crossings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Permanent
			 Closure of Roadway at Crossings. Whenever a crossing is permanently closed to
			 motor vehicle, bicycle or pedestrian traffic, the public authority at the
			 crossing shall notify the Department of the closure and comply with OAR
			 741-120-0050. After such closure has been accomplished, the roadway cannot be
			 reopened without the authority of the Department pursuant to ORS
			 824.204 or
			 824.210.
(2) Temporary Closure of Roadway at Crossings
			 by the Railroad. When a railroad desires to close a railroad-highway crossing
			 temporarily, it shall provide to the public authority at least two weeks
			 advance notification of its intent to close the crossing. The railroad may
			 provide the road authority less than two weeks advance notice of its intent to
			 temporarily close the grade crossing, if the temporary closure is needed for
			 emergency circumstances. See Section 8A.05 of the MUTCD.
(3) Discontinuance of Railroad Operations at
			 Crossings. Whenever railroad use of a crossing is to be discontinued in
			 accordance with federal requirements, the owner of the track at the crossing
			 and the railroad operating over such track shall notify the Department of the
			 discontinuance.
(4) Removal of
			 Trackage at Crossings. Whenever one or more tracks is to be removed at a grade
			 crossing, the railroad operating over such trackage shall file an application
			 to alter the crossing under ORS
			 824.206.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  824.202 &
				  824.220
Stats. Implemented: ORS
				  824.206
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 120 - MAINTENANCE, CONSTRUCTION AND CLOSURE OF CROSSINGS › Section 741-120-0050 - Permanent Closure and Removal of Grade Crossings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Construction of Barricades. Whenever a
			 grade crossing is closed to use by the travelling public, a barricade or other
			 appropriate obstruction sufficient to prevent use of the crossing by the
			 travelling public shall be installed and maintained in good condition on each
			 roadway or pathway approach to the crossing. Barricade width shall be a minimum
			 of the width of the roadway, sidewalks and shoulders. Barricades shall be
			 installed and maintained by the public authority. The cost of construction
			 shall be borne by the railroad; maintenance cost shall be borne by the public
			 authority.
(2) Removal of Crossing
			 Surface. Whenever a grade crossing is closed to use by the travelling public,
			 the railroad, after installation of required barricades, shall promptly remove
			 all roadway surface and sidewalk material from the area between lines drawn
			 perpendicular to the end of ties of each track at the crossing.
(3) Removal of Railroad Tracks. Whenever a
			 grade crossing, or one or more tracks is closed to use by railroad equipment,
			 the tracks (including rails and ties) shall be removed and the roadway surface
			 and sidewalks restored by the railroad within twelve months from the time the
			 track is closed to use by railroad equipment.
(4) Removal of Protective Devices. Whenever a
			 grade crossing is closed to use by the travelling public or by railroad
			 equipment, protective devices shall be promptly removed by the party
			 responsible for their maintenance as specified in the crossing Order or Table 2
			 of these rules.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  824.202 &
				  824.220
Stats. Implemented: ORS
				  824.206
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 125 - CROSSING BLOCKAGE › Section 741-125-0030 - Railroad Equipment Set Back from Railroad-Highway Grade Crossings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in section (2) or (3) of this rule, no railroad shall cause any rail
			 cars, locomotives or other railroad equipment to be stopped, stored or left
			 standing within 250 feet of a public highway-rail grade crossing where there is
			 an adjacent track.
(2) The set
			 back limitation set forth in section (1) of this rule does not apply when:
(a) The crossing is equipped with active
			 warning devices;
(b) The train is
			 stopped by an emergency condition not under the control of the railroad; or
(c) A railroad employee is
			 physically at the crossing and providing flagging protection for the crossing.