Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 320 - STANDARD WALKWAYS › Section 741-320-0050 - Applications for Variances and Operation Restriction(s)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application for a variance from
			 standard walkways shall contain a statement of the condition(s) involved, the
			 reasons for the request, and the estimated cost of bringing the facility
			 involved into full compliance with the walkway standards. Application forms may
			 be obtained from the Department, or online at
			 "www.oregon.gov/odot/rail/railemployeesafety.shtml [File Link Not Available]".
			 Applications must be filed with the Department within 30 days of the date the
			 Department documents the nonstandard condition(s). Incomplete applications will
			 be returned.
(2) In lieu of
			 requesting a variance from the walkway standards, if railroad employee safety
			 will not be impaired, the owner or lessee of a track on which service is
			 provided to no other businesses may restrict operations over any portion of the
			 track by posting operation restriction signs, conforming to OAR
			 741-330-0010(2). Signs shall be located on each side of the track, facing
			 incoming railroad movements, to a point beyond which no railroad employee may
			 go or move equipment. The person posting the signs shall provide written
			 notification of the intent to restrict operations, to the Department and each
			 railroad that provides service over the track at least two weeks in advance of
			 installation of the operation restriction signs.
(3) In lieu of requesting a variance from the
			 walkway standards, if neither railroad service to another rail user nor
			 railroad employee safety will be impaired, the owner or lessee of a track on
			 which service is provided to one or more other businesses may apply to the
			 Department (copy to the affected railroad) for written approval to restrict
			 operations over any portion of the track by use of operation restriction signs
			 conforming to OAR 741-330-0010(2). Signs will be located on each side of the
			 track facing incoming railroad movements, at a point beyond which no railroad
			 employee may go or move equipment. Following railroad comment the Department
			 may act upon the application as circumstances warrant. If the application is
			 approved, the person permitted to install such signs shall provide written
			 notification of the intent to restrict operations to the Department and each
			 affected railroad at least two weeks in advance of installation of the
			 operation restriction signs.
(4)
			 Upon receipt of the foregoing notification of installation, each affected
			 railroad shall immediately instruct its operating employees in writing, in
			 special instruction or timetable bulletin, not to go or move equipment beyond
			 the point at which the operation restriction signs are posted.
(5) Before an owner or lessee of a track
			 removes an operation restriction sign, an application for a variance under
			 section (1) of this rule, must be filed with, and approved by, the Department,
			 unless the facility is in full compliance with the walkway rules.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 &
				  824.056
Stats. Implemented: ORS
				  824.050 &
				  824.056