(1) In addition to all other penalties provided by law:
(a) Every person who violates or who procures, aids or abets in the violation of ORS 824.060 (First aid kits required on locomotives and caboose cars), 824.084 (Visual external inspections required on cars standing in rail yards or stations more than two hours), 824.088 (Notifying Office of Emergency Management of reportable incident, derailments and fires), 824.304 (Guarding frogs, switches and guardrails) (1) or 824.306 (Shelter of car repairers) (1) or any order, rule or decision of the Department of Transportation shall incur a civil penalty of not more than $1,000 for every such violation.
(b) Every person who violates or who procures, aids or abets in the violation of any order, rule or decision of the department promulgated pursuant to ORS 824.052 (Track clearances) (1), 824.056 (Walkway standards) (1), 824.068 (Water quality and sanitation facility standards for locomotives and caboose cars), 824.082 (Notice of movement of hazardous materials) (1) or 824.208 (Authority to fix speeds and regulate sounding of train warning devices at crossings) shall incur a civil penalty of not more than $1,000 for every such violation.
(2) Each such violation shall be a separate offense and in case of a continuing violation every day’s continuance is a separate violation. Every act of commission or omission that procures, aids or abets in the violation is a violation under subsection (1) of this section and subject to the penalty provided in subsection (1) of this section.
(3) Civil penalties imposed under subsection (1) of this section shall be imposed in the manner provided in ORS 183.745 (Civil penalty procedures).
(4) The department may reduce any penalty provided for in subsection (1) of this section on such terms as the department considers proper if:
(a) The defendant admits the violations alleged in the notice and makes timely request for reduction of the penalty; or
(b) The defendant submits to the department a written request for reduction of the penalty within 15 days from the date the penalty order is served. [Formerly 824.112]
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