ORS 824.208¹
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 of Transportation shall, after due investigation and hearing, unless a hearing is not required under ORS 824.214 (Procedure to obtain permission for crossings) enter an order fixing and regulating the speed of railway trains or regulating the sounding of railway train warning devices.

(3) The speed limits fixed by the department shall be maximum speed limits and shall be commensurate with the hazards presented and the practical operation of the trains. [Formerly 763.035]

See also annota­tions under ORS 760.050 in permanent edi­tion.

Notes of Decisions

State regula­tion of use of railway train sounding devices is not preempted by Locomotive Boiler Inspec­tion Act, Noise Control Act or Federal Railroad Safety Act. Southern Pacific v. Or. PUC, 9 F3d 807 (9th Cir. 1993)

1 Legislative Counsel Committee, CHAPTER 824—Railroads, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­824.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 824, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­824ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information