Section 824.230 – Installation of protective devices where railroads intersect at grade.
(1) In any case where the tracks of two or more railroads cross each other at a common grade in this state, the railroads, when ordered by the Department of Transportation, shall protect such crossings by interlocking or other safety devices, under regulations to be designated by the department, to prevent trains colliding at such […]
Section 824.232 – Forfeiture for noncompliance.
Any company, corporation, person or receiver operating any railroad who neglects to comply with any order made by the Department of Transportation pursuant to ORS 824.228 or 824.230 shall forfeit and pay to the state a penalty of $500 per week for each week of such neglect. [Formerly 763.200]
Section 824.234 – Use of findings of department regarding hazards at crossings.
The determinations of the Department of Transportation under ORS 824.200 to 824.256 as to hazards at crossings shall not be admissible in any civil action for damages. [Formerly 763.210]
Section 824.236 – Protective devices at unauthorized railroad-highway crossing; apportionment to railroad; reimbursement; closure.
(1) Except as provided in subsection (2) of this section, the Department of Transportation may, under ORS 823.033, order a railroad to install and maintain protective devices at an unauthorized railroad-highway crossing and order the public authority in interest to install and maintain stop signs at and other protective devices in advance of an unauthorized […]
Section 824.238 – Division of costs between railroad and public authority.
The following costs shall be divided between the railroad and the public authority in interest in such proportion as the Department of Transportation finds just and equitable under the circumstances in each case: (1) That portion of the cost of any alteration or change resulting in the elimination of a grade crossing under ORS 824.206 […]
Section 824.240 – Payment when public highway involved.
(1) As to all crossings above or below grade constructed on state highways, the proportion of expense to be borne by public authority in interest shall be paid from the state highway funds. (2) Any public authority in interest acting through its governing body may, at its option, by agreement with the Department of Transportation, […]
Section 824.242 – Apportionment of costs for installation of protective devices.
In any grade crossing proceeding arising under ORS 824.204, 824.206 or 824.226, unless the parties agree otherwise, installation costs of protective devices shall be apportioned as follows: (1) At an existing crossing, a crossing relocated pursuant to ORS 824.206 or 824.226, or a crossing previously closed by order of the Department of Transportation and reopened […]
Section 824.214 – Procedure to obtain permission for crossings; rules.
(1) Proceedings to carry out ORS 824.204, 824.206, 824.210 to 824.218, 824.224, 824.226 to 824.230, 824.238, 824.240 and 824.256, including the right to review any order of the Department of Transportation, shall be those specified in ORS chapter 183 for contested cases. If the final order of the department, in a proceeding initiated under ORS […]
Section 824.244 – Apportionment of costs for maintenance of protective devices.
Unless the parties agree otherwise, maintenance cost of protective devices at grade crossings installed pursuant to ORS 824.204, 824.206 or 824.226 shall be apportioned as follows: (1) One hundred percent to the railroad company for devices at the crossing actually installed and maintained by the railroad. (2) One hundred percent to the public authority in […]
Section 824.216 – Procedure to compel compliance with orders.
(1) The railroad company, public authority or person to whom an order of the Department of Transportation is directed under ORS 824.200 to 824.256 shall comply with such order within such reasonable time as may be prescribed by the department. In case of failure to comply, the department shall thereupon take proceedings to compel obedience […]