Section 824.202 – Policy; authority vested in state and department.
It is the policy of this state to achieve uniform and coordinated regulation of railroad-highway crossings and to eliminate crossings at grade wherever possible. To these ends, authority to control and regulate the construction, alteration, and protection of railroad-highway crossings is vested exclusively in the state, and in the Department of Transportation as provided in […]
Section 824.204 – Authority to construct grade crossings; protective devices.
(1) Except for the repair of lawfully existing roads and highways or the replacement of tracks, no highway shall be constructed across the track of any railroad company at grade, nor shall the track of any railroad company be constructed across a highway at grade, without having first secured the permission of the Department of […]
Section 824.084 – Visual external inspections required on cars standing in rail yards or stations more than two hours.
Each railcar containing hazardous materials for which an “Explosives A,” “Flammable Gas” or “Poison Gas” placard is required by federal regulation, and which remains in a rail yard or station for more than two hours shall be visually inspected externally by the transporting railroad within two hours of the car’s arrival and within two hours […]
Section 824.206 – Elimination, relocation or alteration of grade crossing; installation or alteration of protective devices.
(1) The Department of Transportation may, upon its own motion or upon application by a railroad or the public authority in interest, subsequent to a hearing, unless a hearing is not required under ORS 824.214, and upon finding that such action is required by the public safety, necessity, convenience and general welfare: (a) Eliminate a […]
Section 824.086 – Designation of hazardous materials and notice requirements; rules.
After consultation with the State Fire Marshal the Department of Transportation shall determine: (1) What material and quantity thereof the transportation of which is hazardous to public health, safety or welfare and shall designate by rule such materials and quantities as hazardous materials. In defining hazardous materials the department shall adopt definitions in conformity with […]
Section 824.208 – Authority to fix speeds and regulate sounding of train warning devices at crossings.
(1) The power to fix and regulate the speed of railway trains and to regulate the sounding of railway train warning devices at public railroad-highway crossings is vested exclusively in the state. (2) Upon petition of any public authority in interest or of any railroad or upon the Department of Transportation’s own motion, the Department […]
Section 824.088 – Notifying Oregon Department of Emergency Management of reportable incident, derailments and fires; radio gear.
(1) Each railroad that gives notice to the United States Department of Transportation of an incident that occurs during the course of transporting hazardous materials as defined by federal regulations shall also give notice of the incident to the Director of the Oregon Department of Emergency Management. (2) As soon as reasonably practicable, each railroad […]
Section 824.210 – Construction and alteration of crossings above or below grade.
No highway shall be constructed across the track of any railroad company above or below grade, nor shall the track of any railroad company be constructed across a highway above or below grade, without having first secured the permission of the Department of Transportation. If permission is granted, the department shall, after a hearing, unless […]
Section 824.090 – Department of Transportation to set standards for safe transportation of hazardous wastes; rules; civil penalty.
(1) The Department of Transportation shall adopt rules setting standards for the safe transportation of hazardous wastes, as defined in ORS 466.005, by all transporters. (2) The authority granted under this section: (a) Is in addition to any other authority granted the department. (b) Does not supersede the authority of the Energy Facility Siting Council […]
Section 824.212 – Specifications for construction and maintenance of crossings; application of specifications; priorities; compliance.
(1) The Department of Transportation shall adopt regulations prescribing specifications for the construction and maintenance of railroad-highway crossings, both at grade level and at separated grades. The specifications shall be developed in consultation with representatives of cities and counties and shall conform to nationally recognized and commonly used standards to ensure that the crossings are […]