ORS 824.226¹
Dangerous grade crossings
  • notice
  • hearing
  • order to install protective devices
  • apportioning of cost

(1) The Department of Transportation on its own motion may, or upon application by the common council or mayor of any city, or any county judge or county commissioner or county roadmaster, or by five or more residents and taxpayers in any city, county or road district to the effect that a public highway and a railroad cross one another in such city, county or road district at the same level, and that such grade crossing is unsafe and dangerous to travelers over such highway or railroad, shall, give notice to the railroad company, of the filing of such application, and furnish a copy of the same to the railroad company, and order a hearing thereon in the manner provided for contested case hearings under ORS chapter 183.

(2) If upon such hearing it appears to the satisfaction of the department that the crossing complained of is unsafe and dangerous to human life, the department may order the crossing closed or order and direct the railroad or public authority to install and maintain proper protective devices, and establish a date by which such devices are to be installed and placed into operation. The department shall apportion the installation and maintenance costs thereof in accordance with ORS 824.242 (Apportionment of costs for installation of protective devices) to 824.246 (Apportionment of costs of crossing closure), and, notwithstanding the provisions of ORS chapter 183, shall suspend the effective date of the order until the public authority in interest has consented to the apportionment and has agreed to comply therewith. [Formerly 763.170; 1997 c.275 §21]

Notes of Decisions

It is within power of com­mis­sioner under this sec­tion to order railroad to install traffic signals outside of railroad's right of way. So. Pac. Trans. Co. v. Sabin, 14 Or App 504, 513 P2d 500 (1973), Sup Ct review denied

Under this sec­tion, com­mis­sioner has jurisdic­tion to order proper warning signals, and such signals are "official" and not in viola­tion of ORS 483.138. So. Pac. Trans. Co. v. Sabin, 14 Or App 504, 513 P2d 500 (1973), Sup Ct review denied

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